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96th Congress 1 
1st Session j 



COMMITTEE PRINT NO. 1 



NUCLEAR REGULATORY LEGISLATION 

THEOUGH THE 

95TH CONGRESS, 2D SESSION 



Compiled by 

THE SUBCOMMITTEE ON ENERGY AND 

THE ENVIRONMENT 

OF TELE 

COMMITTEE ON 
INTERIOR AND INSULAR AFFAIRS 

OF THE 

U.S. HOUSE OP REPRESENTATIVES 
NINETY-SIXTH CONGRESS 

FIRST SESSION 




MAY 1979 



Printed for the use of the 
Committee on Interior and Insular Affairs 



96th Congress 1 COMMITTEE PRINT NO. 1 

1st Session J 



XUCLEAR EEGULATORY LEGISLATION 

THKOUGH THE 

95TH CONGRESS, 2D SESSION 



Compiled by 

THE SUBCOMMITTEE OX ENERGY AND 

THE ENVIRONMENT 

OF THE 

COMMITTEE OX 
INTERIOR AXD INSULAR AFFAIRS 

OF THE 

U.S. HOUSE OF REPRESENTATIVES 
NINETY-SIXTH CONGRESS 

FIRST SESSION 




MAY 1979 



Printed for the use of the 
Committee on Interior and Insular Affairs 



U.S. GOVERNMENT PRINTING OFFICE 
38-938 WASHINGTON : 1979 



For sale by the Superintendent of Documents, U.S. Government Printing Office 
Washington, D.C. 20402 



COMMITTEE OX INTERIOR AND INSULAR AFFAIRS 

House of Representatives 
MORRIS K. UDALL, Arizona, Chairman 



PHILLIP BURTON, California 
ROBERT W. KASTENMEIER, Wisconsin 
ABRAHAM KAZEN, Jr.. Texas 
JONATHAN B. BINGHAM, New York 
JOHN F. SEIBERLING, Ohio 
HAROLD RUNNELS, New Mexico 
ANTONIO BORJA WON PAT, Guam 
BOB ECKHARDT, Texas 
JIM SANTINI, Nevada 
JAMES WEAVER, Oregon 
BOB CARR, Michigan 
GEORGE MILLER, California 
JAMES J. FLORIO, New Jersey 
DAWSON MATHIS, Georgia 
PHILIP R. SHARP, Indiana 
EDWARD J. MAR KEY, Massachusetts 
PETER H. KOSTMAYER, PennsjTvania 
BALTASAR CORRADA, Puerto Rico 
AUSTIN J. MURPHY, Pennsylvania 
NICK JOE RAHALL II, West Virginia 
BRUCE F. VENTO. Minnesota 
JERRY HUCKABY, Louisiana 
LAMAR GUDGER, North Carolina 
JAMES J. HOWARD, New Jersey 
JERRY M. PATTERSON, California 
RAY KOGOVSEK, Colorado 
PAT WILLIAMS, Montana 



DON H. CLAUSEN, California 

Ranking Minority Member 
MANUEL LUJAN, Jr., New Mexico 
KEITH G. SEBELIUS, Kansas 
DON YOUNG, Alaska 
STEVEN D. SYMMS, Idaho 
JAMES P. (JIM) JOHNSON, Colorado 
ROBERT J. LAGOMARSINO, California 
DAN MARRIOTT, Utah 
RON MARLENEE, Montana 
MICKEY EDWARDS, Oklahoma 
RICHARD B. CHENEY, Wyoming 
CHARLES PASHAYAN, Jr., California 
ROBERT WHITTAKER, Kansas 
DOUGLAS K. BEREUTER, Nebraska 
MELVIN H. EVANS, Virgin Islands 



Charles Conklin, Staff Director 

Lee McElvain, General Counsel 

Stanley Scoville, Special Counsel for Legislation 

Hexry Myers, Science Adviser 

Gary G. Ellsworth, Minority Counsel 



Subcommittee on Energy and the Environment 
MORRIS K. UDALL, Arizona, Chairman 



JONATHAN B. BINGHAM, New York 
BOB ECKHARDT, Texas 
JAMES WEAVER, Oregon 
BOB CARR, Michigan 
DAWSON MATHIS, Georgia 
PHILIP R. SHARP, Indiana 
EDWARD J. MARKEY, Massachusetts 
PETER H. KOSTMAYER, Pennsylvania 
AUSTIN J. MURPHY, Pennsylvania 
NICK JOE RAHALL II, West Virginia 
BRUCE F. VENTO, Minnesota 
JERRY HUCKABY, Louisiana 
JAMES J. HOWARD, New Jersey 
BALTASAR CORRADA, Puerto Rico 

Paul Parshley, Staff Consultant 
Robert L. Terrell, Minority Consultant on Energy and the Environment 

Note. — The first listed minority member is counterpart to the subcommittee chairman. 



STEVEN D. SYMMS, Idaho 
MANUEL LUJAN, Jr., New Mexico 
DAN MARRIOTT, Utah 
RON MARLENEE. Montana 
MICKEY EDWARDS, Oklahoma 
RICHARD B. CHENEY. Wyoming 
DOUGLAS K. BEREUTER. Nebraska 
MELVIN H. EVANS, Virgin Islands 
DUN H. CLAUSEN, California 



(ID 



LETTER OF TRANSMITTAL 



Committee ox Interior and Insular Affairs. 

U.S. House of Representatives. 

Washington. D.C., April 23, 1079. 

Members of the Committee on Interior and Insular Affairs, 
U.S. House of Represi ntatives, 
Washington, B.C. 

Dear Colleagues: Traditionally, at the beginning of each year, the 
Joint Committee on Atomic Energy ( JCAE) issued a committee print 
containing a compilation of all atomic energy legislation enacted into 
law through the previous session of Congress. This periodic updating 
proved to be a useful working document for the JCAE, the Congress, 
interested Government agencies, and the public. With the abolition 
of the JCAE. however, the updating and publication of this document 
came to an end. The last edition, printed by the JCAE in 1977, en- 
titled "Atomic Energy Legislation Through the 91th Congress, 2d 
Session.'* is now out of date and the supply virtually depleted. 

In anticipation of increased congressional interest in the Nation's 
nuclear policies during the remainder of the 96th Congress. I am here- 
with transmitting a new and refocused updating, which has been pre- 
pared by the staff of the Subcommittee on Energy and the Environ- 
ment. 

This print contains all legislation enacted through the 95th Con- 
gress. 2d session, which pertains to nuclear regulation and the XRC. 
It represents a departure from JCAE practice inasmuch as non- 
regulatory nuclear research and development provisions have not been 
included. 

I hope you find this to be a helpful document. 
Sincerely. 

Morris K. Udall, Chairman. 

(in) 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/nuclator1979unit 



FOREWORD 



This compilation of statutes and material pertaining to nuclear 
regulatory legislation has been prepared by the staff of the Subcom- 
mittee on Energy and the Environment and Jim Nuse of the 
Technical Information and Document Control Division, U.S. Nuclear 
Regulatory Commission for the use of the Committee, the Congress, 
interested Government agencies, and the public. 

(V) 



CONTEXTS 



Page 

Part I. The Atomic Energy Act of 1954, as amended 1 

Part II. Energy Reorganization Act of 1974, as amended 145 

Executive Order No. 11834, activation of the NRC 184 

Part III. NRC authorization acts (with amendments) 185 

Part IV. Uranium Mill Tailings Radiation Control Act of 1978 213 

APPENDIXES 

Atomic Energy Legislation and NRC Jurisdiction 

Appendix 1. Index to Energy Reorganization Act of 1974, as amended. _ 243 

Appendix 2. Index to Atomic Energy Act of 1954, as amended 249 

Appendix 3. Index to Legislative History of Atomic Energy Act of 1954 

and amendments 265 

Appendix 4. Atomic Energy Act of 1946, as amended 285 

Appendix 5. Index to legislative history of Atomic Energy Act of 1946 

and amendments 306 

Appendix 6. Cross-reference charts: Atomic Energv Acts of 1946 and 

1954 313 

Appendix 7. List of amendments to the Atomic Energy Acts: 1946 to 

1978 319 

Appendix 8. Executive Order No. 9816: Transfer of Properties and 

Personnel to the AEC 325 

Appropriations 

Appendix 9. NRC appropriations 327 

Appendix 10. AEC appropriations 334 

Export Licensing and Nuclear Nonproliferation 

Appendix 11. Nuclear Non-Proliferation Act of 1978 340 

Appendix 12. International Securitv Assistance and Arms Export Control 

Act of 1976 1 371 

Appendix 13. Treaty on the Non-Proliferation of Nuclear Weapons 373 

Appendix 14. Treaty on the Non-Proliferation of Nuclear Weapons in 

Latin America 379 

Appendix 15. International Atomic Energy Agency Participation Act of 

1957 and the Statute of the International Atomic Energy 

Agency 392 

Appendix 16. Euratom Cooperation Act of 1958 and concurrent resolution, 409 
Appendix 17. List of United States agreements for cooperation in atomic 

energy 415 

Appendix 18. S. Res. 179: Relating to nonproliferation of nuclear weapons. 418 
Appendix 19. Executive orders concerning international atomic coopera- 
tion 419 

Appendix 20. S. Res. 221, 49th Congress 422 

(VII) 



VIII 

Environmental Protection 

Page 

Appendix 21. Hazardous Materials Transportation Act 424 

Appendix 22. National Environmental Policy Act of 1969, as amended 433 

Appendix 23. Selected sections of the Clean Air Act of 1977, as amended 439 
Appendix 24. Section 511 of the Federal Water Pollution Control Act of 

1972 443 

Appendix 25. Marine (Protection, Research, and Sanctuaries Act of 1972, 

as amended 444 

Appendix 26. Convention on the Prevention of Marine Pollution by Dump- 
ing Wastes and Other Matters 457 

Miscellaneous 

Appendix 27. Tenure of office of AEC and NRC Commissioners 465 

Appendix 28. Atomic Weapons and Special Nuclear Materials Rewards 

Act 466 



PART I. THE ATOMIC ENERGY ACT OF 1954 g 
AS AMENDED 

Public Law 83-703 
(68 Stat. 919) 

AN ACT 

To amend the Atomic Energy Act of 1946, as amended, and for 
other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress 
assembled, That the Atomic Energy Act of 1946, as 
amended, is amended to read as follows : 

"ATOMIC ENERGY ACT OF 1954 

"Chapter L Declaration, Findings, and Purpose 

42 U.S.C. ie«. 
"Sec. 1. Declaration. 2011 

"Sec. 2. Findings. 2012 

"Sec. 3. Purpose. 2013 

"Chapter 2. Definitions 

"Sec. 11. Definitions. 2014 

"Chapter 3. Organization 

"Sec. 23. Office. 2033 
"Sec 24. General Manager, Deputy and Assistant General Man- 2034 

agers. 

"Sec. 25. Divisions, Offices, and Positions. 2035 

"See 27. Military Liaison Committee. 2037 

"Sec. 28. Appointment of Army, Navy, or Air Force Officers. 2 038 

"Sec. 29. Advisory Committee on Reactor Safeguards. 2039 

"Chapter 4. Research 

"Sec. 31. Research Assistance. 2051 

"Sec. 32. Research by the Commission. 2052 

"Sec. 33. Research for Others. 2053 

"Chapter 5. Production of Special Nuclear Material 

"Sec. 41. Ownership and Operation of Production Facilities. 2061 

"Sec. 42. Irradiation of Materials. 2062 

"Sec. 43. Acquisition of Production Facilities. 2063 

"Sec. 44. Disposition of Energy. 2064 

"Chapter 6. Special Nuclear Material 

"Sec. 51. Special Nuclear Material. 2071 

"Sec. 53. Domestic Distribution of Special Nuclear Material. 2073 

"Sec. 54. Foreign Distribution of Special Nuclear Material. 2074 

"Sec. 55. Acquisition. 2075 

"Sec. 56. Guaranteed Purchase Prices. 2076 

"Sec. 57. Prohibition. 2077 

"Sec. 58. Review. 2078 



1 For index to legislative history, see appendix 3, Infra. 

(1) 



42 US.C. sec 

2091 

2092 

2093 

2094 

2095 

2096 

2097 

2098 

2099 



2111 
2112 
2113 



2114 



"Chapter 7. Source Material 

"Sec. 61. Source Material. 

"Sec. 62. License for Transfers Required. 

"Sec. 63. Domestic Distribution of Source Material. 

"Sec. 64. Foreign Distribution of Source Material. 

"Sec. 65. Reporting. 

"Sec. 66. Acquisition. 

"Sec. 67. Operations on Lands Belonging to the United States. 

"Sec. 68. Public and Acquired Lands. 

"Sec. 69. Prohibition. 

"Chapter 8. Byproduct Material 

"Sec. 81. Domestic Distribution. 

"Sec. 82. Foreign Distribution of Byproduct Material. 

"Sec. 83. Ownership and custody of certain byproduct material 

and disposal sites.". 
"Sec. 84. Authorities of Commission respecting certain byproduct 

material. 



2121 
2122 



"Chapter 9. Military Application of Atomic Energy 

"Sec. 91. Authority. 
"Sec. 92. Prohibition. 



2131 
2132 
2133 
2134 
2135 
2136 
2137 
2138 
2139 
2140 
2141 



"Chapter 10. Atomic Energy Licenses 

"Sec. 101. License Required. 

"Sec. 102. Finding of Practical Value. 

"Sec. 103. Commercial Licenses. 

"Sec. 104. Medical Therapy and Research and Development. 

"Sec. 105. Antitrust Provisions. 

"Sec. 106. Classes of Facilities. 

"Sec. 107. Operators' Licenses. 

"Sec. 108. War or National Emergency. 

"Sec. 109. Component and other Parts of Facilities. 

"Sec. 110. Exclusions. 

"Sec. 111. Distribution by the Department of Energy. 



2151 

2152 

2153 

2154 

2153 (Nt) 

2155 

2156 

2157 

2158 

2159 

2160 



2161 
2162 
2163 
2164 
2165 
2166 



"Chapter 11. International Activities 

"Sec. 121. Effect of International Arrangements. 

"Sec. 122. Policies Contained in International Arrangements. 

"Sec. 123. Cooperation With Other Nations. 

"Sec. 124. International Atomic Pool. 

"Sec. 125. Cooperation With Berlin. 

"Sec. 126. Export Licensing Procedures. 

"Sec. 127. Criteria Governing United States Nuclear Exports. 

"Sec. 128. Additional Export Criterion and Procedures. 

"Sec. 129. Conduct Resulting in Termination of Nuclear Exports. 

"Sec. 130. Congressional Review Procedures. 

"Sec. 131. Subsequent Arrangements. 

"Chapter 12. Control op Information 

"Sec. 141. Policy. 

"Sec. 142. Classification and Declassification of Restricted Data. 

"Sec. 143. Department of Defense Participation. 

"Sec. 144. International Cooperation. 

"Sec. 145. Restrictions. 

"Sec. 146. General Provisions. 



2181 



2182 
2183 



"Chapter 13. Patents and Inventions 

"Sec. 151. Inventions Relating to Atomic Weapons, and Filing of 

Reports. 
"Sec. 152. Inventions Conceived During Commission Contracts. 
"Sec. 153. Nonmilitary Utilization. 



"Sec. 154. Injunctions. 2184 

"Sec. 155. Prior Art. 2185 

"Sec. 156. Commission Patent Licenses. 2186 

"Sec. 157. Compensation, Awards, and Royalties. 2187 

"Sec. 158. Monopolistic Use of Patents. 2188 

"Sec. 159. Federally Financed Research. 2189 

"Sec. 160. Saving Clause. 2190 

"Chapteb 14. General Authority 

42U.S.C. 

"Sec. 161. General Provisions. 2201 

"Sec. 162. Contracts. 2202 

"Sec. 163. Advisory Committees. 2203 

"Sec. 164. Electric Utility Contracts. 2204 

"Sec. 165. Contract Practices. 2205 

"Sec. 166. Comptroller General Audit 2206 

"Sec. 167. Claim Settlements. 2207 

"Sec. 168. Payments in Lieu of Taxes. 2208 

"Sec. 169. No Subsidy. 2209 

"Sec. 170. Indemnification and Limitation of Liability. 2210 
"Sec. 170A. Conflicts of interest relating to contracts and other 2210a 
arrangements. 

"Chapter 15. Compensation for Private Property Acquired 

"Sec. 171. Just Compensation. 2221 

"Sec. 172. Condemnation of Real Property. 2222 

"Sec. 173. Patent Application Disclosures. 2223 

"Sec. 174. Attorney General Approval of Title. 2224 

"Chapter 16. Judicial Review and Administrative Procedure 

"Sec. 181. General. 2231 

"Sec. 182. License Applications. 2232 

"Sec. 183. Terms of Licenses. 2233 

"Sec. 184. Inalienability of Licenses. 2234 

"Sec. 185. Construction Permits. 2235 

"Sec. 186. Revocation. 2236 

"Sec. 187. Modification of License. 2237 

"Sec. 188. Continued Operation of Facilities. 2238 

"Sec. 189. Hearings and Judicial Review. 2239 

"Sec. 190. Licensee Incident Reports. 2240 

"Sec. 191. Atomic Safety and Licensing Board. 2241 

"Sec. 192. Temporary Operating License. 2242 

"Chapter 18. Enforcement 

"Sec. 221. General Provisions. 2271 

"Sec. 222. Violation of Specific Sections. 2272 

"Sec. 223. Violation of Sections Generally. 2273 

"Sec. 224. Communication of Restricted Data. 2274 

"Sec. 225. Receipt of Restricted Data. 2275 

"Sec. 226. Tampering with Restricted Data. 2276 

"Sec. 227. Disclosure of Restricted Data. 2277 

"Sec. 228. Statute of Limitations. 2278 

"Sec. 229. Trespass Upon Commission Installations. 2278a 

"Sec. 230. Photographing, etc., of Commission Installations. 2278b 

"Sec. 231. Other Laws. 2279 

"Sec. 232. Injunction Proceedings. 2280 

"Sec. 233. Contempt Proceedings. 2281 
"Sec. 234. Civil Monetary Penalties for Violations of Licensing 2282 
Requirements. 

"Chapter 19. Miscellaneous 

"Sec. 241. Transfer of Property. 2015 

"Sec. 251. Report to Congress. 2016 

"Sec. 261. Appropriations. 2017 



2018 "Sec. 271. Agency Jurisdiction. 

2019 "Sec. 272. Applicability of Federal Power Act. 

2020 "Sec. 273. Licensing of Government Agencies. 

2021 "Sec. 274. Cooperation with States. 

2022 "Sec. 275. Health and environmental standards for uranium mill 

tailings. 

2011 Note "Sec. 281. Separability. 

2011 Note "Sec. 291. Short Title. 



2258 



2259 



"Chapter 20. Joint Committee ox Atomic Energy Abolished ; 
Functions and Responsibilities Reassigned 

"Sec. 301. Joint Committee on Atomic Energy Abolished. 

"Sec. 302. Transfers of Certain Functions of the Joint Committee 
on Atomic Energy and Conforming Amendments to 
Certain Other Laws. 

"Sec. 303. Information and Assistance to Congressional Com- 
mittees. 



Declaration. 
42 U.S.C. 
Bee. 2011. 



findings. 
42 U.S.C. 
sec 2013. 



"CHAPTER 1. DECLARATION, FINDINGS, AND 
PURPOSE 

"Section 1. Declaration. — Atomic energy is capable 
of application for peaceful as well as military purposes. 
It is therefore declared to be the policy of the United 
States that — 

"a. the development, use, and control of atomic 
energy shall be directed so as to make the maximum 
contribution to the general welfare, subject at all 
times to the paramount objective of making the 
maximum contribution to the common defense and 
security; and 

"b. the development, use, and control of atomic 

energy shall be directed so as to promote world 

peace, improve the general welfare, increase the 

standard of living, and strengthen free competition 

in private enterprise. 

"Sec. 2. Findings. 2 — The Congress of the United 

States hereby makes the following findings concerning 

the development, use, and control of atomic energy : 

"a. The development, utilization, and control of 
atomic energy for military and for all other purposes are 
vital to the common defense and security. 

"c. 3 The processing and utilization of source, byprod- 
uct, and special nuclear material affect interstate and 



»Sec. 20 of Public Law 88-489 (78 Stat. 602) (1964), the Private 
Ownership of Special Nuclear Materials Act, reads as follows : 

"Nothing in this Act shall be deemed to diminish existing authority 
of the United States, or of the Atomic Energy Commission under the 
Atomic Energy Act of 1954, as amended, to regulate source, byproduct, 
and special nuclear material and production and utilization facilities or 
to control such materials and facilities exported from the United States 
by imposition of governmental guarantees and security safeguards with 
respect thereto, in order to assure the common defense and security 
and to protect the health and safety of the public, or to reduce the re- 
sponsibility of the Atomic Energy Commission to achieve such objectives." 

•Public Law 88-489 (78 Stat 602) (1964), sec. 1, deleted subsec. 2 b. 
Subsec. 2 b read as follows : 

"b. In permitting the property of the United States to be used by others 
inch use must be regulated in the national interest and in order to pro- 
vide for the common defense and security and to protect the health and 
safely of the public." 



foreign commerce and must be regulated in the national 
interest. 

"d. The processing and utilization of source, byproduct, 
and special nuclear material must be regulated in the na- 
tional interest and in order to provide for the common 
defense and security and to protect the health and safety 
of the public. 

"e. Source and special nuclear material, production 
facilities, and utilization facilities are affected with the 
public interest, and regulation by the United States of 
the production and utilization of atomic energy and of 
the facilities used in connection therewith is necessary in 
the national interest to assure the common defense and se- 
curity and to protect the health and safety of the public. 
"f. The necessity for protection against possible inter- 
state damage occurring from the operation of facilities 
for the production or utilization of source or special nu- 
clear material places the operation of those facilities in 
interstate commerce for the purposes of this Act. 

"g. Funds of the United States may be provided for 
the development and use of atomic energy under condi- 
tions which will provide for the common defense and 
security and promote the general welfare. 

"i. 4 In order to protect the public and to encourage the 
development of the atomic energy industry, in the inter- 
est of the general welfare and of the common defense and 
security, the United States may make funds available for 
a portion of the damages suffered by the public from 
nuclear incidents, and may limit the liability of those 
persons liable for such losses. 5 

"Sec. 3. Purpose. — It is the purpose of this Act to Purpose 
effectuate the policies set forth above by providing for — sec. U 20iE 
"a. a program of conducting, assisting, and fos- 
tering research and development in order to encour- 
age maximum scientific and industrial progress ; 

"b. a program for the dissemination of unclassi- 
fied scientific and technical information and for the 
control, dissemination, and declassification of Ee- 
stricted Data, subject to appropriate safeguards, so 
as to encourage scientific and industrial progress ; 

"c. a program for Government control of the pos- 
session, use, and production of atomic energy and 
special nuclear material, whether owned by the 
Government or others, so directed as to make the 
maximum contribution to the common defense and 
security and the national welfare, and to provide 
continued assurance of the Government's ability to 
enter into and enforce agreements with nations or 

'Public Law 88-489 (78 Stat. 602) (1964), sec. 2, deleted subsec 2 h. 
Subsec. 2 h, read as follows : 

"h. It is essential to the common defense and security that title to all 
special nuclear material be in the United States while such special nuclear 
material is within the United States." 

•Public Law 85-256 (71 Stat 576), (1957) sec. 1. added subsec. L 



Definitions. 
42 U.SC. 
sec. 2014. 



groups of nations for the control of special nuclear 
materials and atomic weapons. 6 

"d. a program to encourage widespread participa- 
tion in the development and utilization of atomic 
energy for peaceful purposes to the maximum extent 
consistent with the common defense and security and 
with the health and safety of the public ; 

"e. a program of international cooperation to pro- 
mote the common defense and security and to make 
available to cooperating nations the benefits of 
peaceful applications of atomic energy as widely as 
expanding technology and considerations of the 
common defense and security will permit ; and 

"f. a program of administration which will be 
consistent with the foregoing policies and programs, 
with international arrangements, and with agree- 
ments for cooperation, which will enable the Con- 
gress to be currently informed so as to take further 
legislative action as may be appropriate. 

"CHAPTEK 2. DEFINITIONS 



Agency of the 
U.S. 



Agreement for 
cooperation. 



Atomic energy. 



Atomic 
weapon. 



"Sec. 11. Definitions. — The intent of Congress in the 
definitions as given in this section should be construed 
from the words or phrases used in the definitions. As 
used in this Act : 

"a. The term 'agency of the United States' means the 
executive branch of the United States, or any Govern- 
ment agency, or the legislative branch of the United 
States, or any agency, committee, commission, office, or 
other establishment in the legislative branch, or the judi- 
cial branch of the United States, or any office, agency, 
committee, commission, or other establishment in the 
judicial branch. 

"b. The term 'agreement for cooperation' means any 
agreement with another nation or regional defense 
organization authorized or permitted by sections 54, 
57, 64, 82, 91 c, 103, 104, or 144, and made pursuant to 
section 123. 7 

"c. The term 'atomic energy' means all forms of energy 
released in the course of nuclear fission or nuclear trans- 
formation. 

"d. The term 'atomic weapon' means any device utiliz- 
ing atomic energy, exclusive of the means for trans- 
porting or propelling the device (where such means is 
a separable and divisible part of the device), the prin- 
cipal purpose of which is for use as, or for development 



•Public Law 88-489 (78 Stat. 602) (1964), sec. 3, amended this sub- 
section. Before amendment it read : 

"c. A program for Government control of the possession, use, and 
production or atomic energy and special nuclear material so directed a* 
to make the maximum contribution to the common defense and security 
and the national welfare:" 

» Public Law 87-206 (75 Stat. 475) (1961), sec. 2, amended this sub- 
section by adding sec. 91 c. 



of, a weapon, a weapon prototype, or a weapon test 
device. 

"e. The term 'byproduct material' means (1) any ra- Byproduct 
dioactive material (except special nuclear material) ma eria • 
yielded in or made radioactive by exposure to the radia- 
tion incident to the process of producing or utilizing spe- 
cial nuclear material, and (2) the tailings or wastes 
produced by the extraction or concentration of uranium 
or thorium from any ore processed primarily for its 
source material content. 8 

"f. The term 'Commission' means the Atomic Energy commission. 
Commission. 

"g. The term 'common defense and security' means the Common 
common defense and security of the United States. and Security. 

"h. The term 'defense information' means any infor- Defense infor- 
mation in any category determined by any Government 
agency authorized to classify information, as being in- 
formation respecting, relating to, or affecting the na- 
tional defense. 

"i. The term 'design' means (1) specifications, plans, Design. 
drawings, blueprints, and other items of like nature; 
(2) the information contained therein; or (3) the re- 
search and development data pertinent to the informa- 
tion contained therein. 

"j. The term 'extraordinary nuclear occurrence' means nuciear rdlnary 
any event causing a discharge or dispersal of source, occurrence, 
special nuclear, or byproduct material from its intended 
place of confinement in amounts offsite, or causing radia- 
tion levels offsite, which the Commission determines to 
be substantial, and which the Commission determines has 
resulted or will probably result in substantial damages 
to persons offsite or property offsite. Any determination 
by the Commission that such an event has, or has not, 
occurred shall be final and conclusive, and no other official 
or any court shall have power or jurisdiction to review 
any such determination. The Commission shall establish 
criteria in writing setting forth the basis upon which 
such determination shall be made. As used in this sub- 
section, 'offsite' means away from 'the location' or 'the 
contract location' as defined in the applicable Commis- 
sion indemnity agreement, entered into pursuant to sec- 
tion 170. 9 

"k. The term 'financial protection' means the ability to JJJJJectiSi. 
respond in damages for public liability and to meet the 
costs of investigating and defending claims and settling 
suits for such damages. 10 



8 Public Law 95-604 (92 Stat. 3033) (1978), sec. 201. amended sec. 
11(e) by substituting a complete new subsec. 11(e). Before amendment, 
subsec. 11(e) read as follows: "The term 'byproduct material' means any 
radioactive material (except special nuclear material) yielded in or made 
radioactive by exposure to the radiation incident to the process of pro- 
ducing or utilizing special nuclear material." 

9 Public Law 89-645 (80 Stat. 891) (1966), sec. 1. added subsec. j. 

10 Public Law 85-256 (71 Stat. 576) (1957), sec. 3, added subsec. k. 



s 



Government 
agency. 



Indemnitor. 



International 
arrangement. 



Joint 

Committee. 



Licensed 
activity. 



Nuclear 
incident. 



42 U.S.C. 2091, 
2111, 2121, 
2151. 



"1. The term 'Government agency' means any execu- 
tive department, commission, independent establishment, 
corporation, wholly or partly owned by the United States 
of America which is an instrumentality of the United 
States, or any board, bureau, division, service, office, 
officer, authority, administration, or other establishment 
in the executive branch of the Government. 

"m. The term 'indemnitor' means (1) any insurer with 
respect to his obligations under a policy of insurance 
furnished as proof of financial protection; (2) any 
licensee, contractor or other person who is obligated 
under any other form of financial protection, with respect 
to such obligations; and (3) the Commission with re- 
spect to any obligation undertaken by it in an indemnity 
agreement entered into pursuant to section 170. " 

"n. The term 'international arrangement' means any 
international agreement hereafter approved by the Con- 
gress or any treaty during the time such agreement or 
treaty is in full force and effect, but does not include 
any agreement for cooperation. 

"o. The term 'Joint Committee' means the Joint Com- 
mittee on Atomic Energy. 

"p. The term 'licensed activity' means an activity li- 
censed pursuant to this Act and covered by the provisions 
of section 170a. 12 

"q. The term 'nuclear incident' means any occurrence, 
including an extraordinary nuclear occurrence, 13 within 
the United States causing, within or outside the United 
States, bodily injury, sickness, disease, or death, or loss of 
or damage to property, or loss of use of property, arising 
out of or resulting from the radioactive, toxic, explosive, 
or other hazardous properties of source, special nuclear, 
or byproduct material : Provided, however, That as the 
term is used in subsection 170 1., it shall include any such 
occurrence outside of the United States: And provided 
further, That as the term is used in subsection 170 d., it 
shall include any such occurrence outside the United 
States if such occurrence involves source, special nuclear, 
or byproduct material owned by, and used by or under 
contract with, the United States : And provided further, 
That as the term is used in subsection 170 c, it shall in- 
clude any such occurrence outside both the United States 
and any other nation if such occurrence arises out of or 
results from the radioactive, toxic, explosive, or other 
hazardous properties of source, special nuclear, or by- 
product material licensed pursuant to chapters 6, 7, 8, 
and 10 of this Act, which is used in connection with the 
operation of a licensed stationary production or utili- 
zation facility or which moves outside the territorial 



11 Public Law 80-645 (SO Stat. 891) (1966), sec. 1, added subsec. m. 

"Public Law S5-256 (71 Stat. 576) (1957). sec. 3, added subsec. p. 

13 Public Law 89-645 (80 Stat. 891) (1966), sec. 1. amended tins sub- 
section by inserting the phrase ", including an extraordinary nuclear 
occurrence,". 



9 

limits of the United States in transit from one person 
licensed by the Commission to another person licensed by 
the Commission. 1 * 

"r. The term 'operator' means any individual who operator, 
manipulates the controls of a utilization or production 
facility. 

"s. The term 'person' means (1) any individual, cor- Person, 
poration, partnership, firm, association, trust, estate, 
public or private institution, group, Government agency 
other than the Commission, any State or any political 
subdivision of, or any political entity within a State, any 
foreign government or nation or any political subdivision 
of any such government or nation, or other entity ; and 
(2) any legal successor, representative, agent, or agency 
of the foregoing. 

"t. The term 'person indemnified' means (1) with re- JfJI^ifled 
spect to a nuclear incident occurring within the United 
States or outside the United States as the term is used in 
subsection 170 c, and with respect to any nuclear inci- 
dent in connection with the design, development, construc- 
tion, operation, repair, maintenance, or use of the nu- 
clear ship Savannah, the person with whom an indemnity 
agreement is executed or who is required to maintain 
financial protection, and any other person who may be 
liable for public liability or (2) with respect to any 
other nuclear incident occurring outside the United 
States, the person with whom an indemnity agreement is 
executed and any other person who may be liable for 
public liability by reason of his activities under any con- 
tract with the Commission or any project to which in- 
demnification under the provisions of subsection I70d. 
has been extended or under any subcontract, purchase 
order or other agreement, of any tier, under any such 
contract or project. 15 

"u. The term 'produce', when used in relation to special Prodnc*. 
nuclear material, means (1) to manufacture, make, pro- 

" Public Law 85-256 (71 Stat. 576) (1957), sec. 3. added subsec. q. 
Prior to amendment by Public Law 89-645 (see footnote 9, above) the 
subsection had been amended by Public Law 87-615 (76 Stat. 409) 
(1962), sec. 4. Before amendment it read : "o. The term 'nuclear incident' 
means any occurrence within the United States causing bodily injury, 
sickness, disease, or death, or loss of or damage to property, or for loss 
of use of property, arising out of or resulting from the radioactive, toxic, 
explosive, or other hazardous properties of source, special nuclear, or 
byproduct material : Provided, however, That as the term is used in 
subsection 170 1., it shall mean any such occurrence outside of the United 
States rather than within the United States." Public Law 94-197 (89 
Stat. 1111) (1975), sec. 1, amended the second proviso in subsection 
llq. Prior to amendment, the proviso read as follows : "And provided 
further, That as the term is used in section 170d., it shall include any 
such occurrence outside of the United States if such occurrence involves 
a facility or device owned by, and used by or under contract with, the 
United States." 

15 Public Law 85-256 (71 Stat. 576) (1957), sec. 3, added subsection t. 
Public Law 87-615 (76 Stat. 409) (1962), sec. 5, amended the subsection 
Before amendment, it read : "r. The term 'person indemnified' means the 
person with whom an indemnity agreement is executed and any other 
person who may be liable for public liability." Public Law 94-197 (89 
Stat. 1111) (1975), sec. 1, amended subsection 11 t. by adding the 
phrases "or outside the United States as the term is used in subsection 
170 c," and "or who is required to maintain financial protection," to 
the definition of the term "person indemnified". 
38-038 — 79 2 



10 



Production 
facility. 



Public liability. 



Research and 
development. 



Restricted 
Data* 



duce, or refine special nuclear material; (2) to separate 
special nuclear material from other substances in which 
such material may be contained ; or (3) to make or to pro- 
duce new special nuclear material. 

"v. The term 'production facility' means (1) any 
equipment or device determined by rule of the Commis- 
sion to be capable of the production of special nuclear 
material in such quantity as to be of significance to the 
common defense and security, or in such manner as to 
affect the health and safety of the public; or (2) any im- 
portant component part especially designed for such 
equipment or device as determined by the Commission. 

"w. The term 'public liability' 16 means any legal liabil- 
ity arising out of or resulting from a nuclear incident, 
except: (i) claims under State or Federal workmen's 
compensation acts of employees of persons indemnified 
who are employed at the site of and in connection with 
the activity where the nuclear incident occurs; (ii) 
claims arising out of an act of war; and (iii) whenever 
used in subsections 170 a., c, and k., claims for loss of, or 
damage to, or loss of use of property which is located at 
the site of and used in connection with the licensed 
activity where the nuclear incident occurs. 'Public 
liability' also includes damage to property of persons 
indemnified: Provided, That such property is covered 
under the terms of the financial protection required, ex- 
cept property which is located at the site of and used in 
connection with the activity where the nuclear incident 
occurs. 

"x. The term 'research and development' means (1) 
theoretical analysis, exploration, or experimentation ; or 
(2) the extension of investigative findings and theories 
of a scientific or technical nature into practical applica- 
tion for experimental and demonstration purposes, in- 
cluding the experimental production and testing of 
models, devices, equipment, materials, and processes. 

"y. The term 'Restricted Data' means all data concern- 
ing (1) design, manufacture, or utilization of atomic 
weapons ; (2) the production of special nuclear material ; 
or (3) the use of special nuclear material in the produc- 
tion of energy, but shall not include data declassified or 
removed from the Restricted Data category pursuant to 
section 142. 



16 Public Law 85-256 (71 Stat. 576) (1957), sec. 3. added subsection w. 
Public Law 87-206 (75 Stat. 475) (1961), sec. 3, amended the subsection. 
Before amendment it read : 

"u. The term 'public liability' means any legal liability arising out of or 
resulting from a nuclear incident, except claims under State or Federal 
Workmen's Compensation Acts of employees of persons indemnified who 
are employed at the site of and in connection with the activity where the 
nuclear incident occurs, and except for claims arising out of an act of 
war. 'Public liability' also includes damage to property of persons in- 
demnified: Provided, That such property is covered under the terms of 
the financial protection required, except property which is located at the 
site of and used in connection with the activity where the nuclear incident 
occurs." 



11 



"z. The term 'source material' means (1) uranium, ^™* &1 
thorium, or any other material which is determined by 
the Commission pursuant to the provisions of section 61 
to be source material ; or (2) ores containing one or more 
of the foregoing materials, in such concentration as the 
Commission may by regulation determine from time to 
time. 

"aa. The term 'special nuclear material' means (1) phi- Sp^ nuclear 
tonium, uranium enriched in the isotope 233 or in the 
isotope 235, and any other material which the Commis- 
sion, pursuant to the provisions of section 51, determines 
to be special nuclear material, but does not include source 
material ; or (2) any material artificially enriched by any 
of the foregoing, but does not include source material. 

"bb. The term 'United States' when used in a geo- United states, 
graphical sense includes all Territories and possessions 
of the United States, the Canal Zone and Puerto Rico. 17 

"cc. The term 'utilization facility \ means (1) any Utilization 
equipment or device, except an atomic weapon, deter- 
mined by rule of the Commission to be capable of making 
use of special nuclear material in such quantity as to be 
of significance to the common defense and security, or in 
such manner as to affect the health and safety of the 
public, or peculiarly adapted for making use of atomic 
energy in such quantity as to be of significance to the 
common defense and security, or in such manner as to 
affect the health and safety of the public; or (2) any im- 
portant component part especially designed for such 
equipment or device as determined by the Commission. 

"CHAPTER 3. ORGANIZATION 

u Sec. 23. 18 Office.— The principal office of the Com- °fg- s c> 
mission shall be in or near the District of Columbia, sec. 203a 
but the Commission or any duly authorized representa- 
tive may exercise any or all of its powers in any place; 
however, the Commission shall maintain an office for the 
service of process and papers within the District of 
Columbia. 



17 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 1, amended this 
definition. Before amendment it read : 

"u. The term 'United States', when used in a geographical sense, in- 
cludes all Territories and possessions of the United States, and the 
Canal Zone." 

18 P.L. 93-43S. Sec. 104(a) (88 Stat. 1233) (1974), sections 21 and 22. 
Prior to repeal, section 21, read as follows. 

"Sec. 21. Atomic Energy Commission. — There Is hereby established 
an Atomic Energy Commission, which shall be composed of five members, 
each of whom shall be a citizen of the United States. The President shall 
designate one member of the Commission as Chairman thereof to serve as 
such during the pleasure of the President. The Chairman may from time 
to time designate any other member of the Commission as Acting Chair- 
man to act in the place and stead of the Chairman during his absence. 
The Chairman (or the Acting Chairman in the absence of the Chairman) 
shall preside at all meetings of the Commission and a quorum for the 
transaction of business shall consist of at least three members present. 
Each member of the Commission, including the Chairman, shall have equal 
responsibility and authority in all decisions and actions of the Commis- 
sion, shall have full access to all information relating to the performance 
*f his duties or responsibilities, and shall have one vote. 

(Continued) 



12 



General 
Manager, 
Deputy and 
Assistant Gen- 
eral Managers, 
42 U.S.C. 
sec. 2034. 



"Sec. 24. General Manager, Deputy and Assistant 
General Managers. 19 — There is hereby established with- 
in the Commission — 

"a. a General Manager, who shall be the chief 
executive officer of the Commission, and who shall 
discharge such of the administrative and executive 
functions of the Commission as the Commission may 
direct. The General Manager shall be appointed by 
the Commission, shall serve at the pleasure of the 
Commission, and shall be removable by the Com- 
mission. 20 

"b. a Deputy General Manager, who shall act in 
the stead of the General Manager during his absence 
when so directed by the General Manager, and who 
shall perform such other administrative and execu- 
tive functions as the General Manager shall direct. 
The Deputy General Manager shall be appointed by 



(Continued) 

Action of the Commission shall be determined by a majority vote of 
the members present. The Chairman (or Acting Chairman in the absence 
of the Chairman) shall be the official spokesman of the Commission in its 
relations with the Congress, Government agencies, persons, or the public, 
and, on behalf of the Commission, shall see to the faithful execution of 
the policies and decisions of the Commission, and shall report thereon to 
the Commission from time to time or as the Commission may direct. The 
Commission shall have an official seal which shall be judicially noticed." 

Public Law 84-337 (69 Stat. 630) (1955), sec. 3 had previously 
amended the fifth sentence of sec. 21. Before amendment this sentence 
read : 

"Each member of the Commission, including the Chairman, shall have 
equal responsibility and authority in all decisions and actions of the 
Commission and shall have one vote." 

Prior to repeal, sec. 22 read as follows : 

Sec. 22. Members. — 

"a. Members of the Commission shall be appointed by the President. 
by and with the advice and consent of the Senate. In submitting any 
nomination to the Senate, the President shall set forth the experience and 
qualifications of the nominee. The term of office of each member of the 
Commission taking office after June 30, 1950, shall be five years, except 
that (1) the terms of office of the members first taking office after 
June 30, 1950, shall expire, as designated by the President at the time of 
the appointment, one at the end of one year, one at the end of two years, 
one at the end of three years, one at the end of four years, and one at the 
end of five years, after June 30, 1950 ; and (2) any member appointed to 
fill a vacancy occurring prior to the expiration of the term for which his 
predecessor was appointed, shall be appointed for the remainder of such 
term. Any member of the Commission may be removed by the President 
for inefficiency, neglect of duty, or malfeasance in office. 

"b. No member of the Commission shall engage in any business, voca- 
tion, or employment other than that of serving as a member of the 
Commission." 

Public Law 88-426 (78 Stat. 400) (1964). sec. 305(10) (A) previously 
amended sec. 22 a. by repealing the last sentence, which read : "Each 
member, except the Chairman, shall receive compensation at the rate of 
$22,000 per annum ; and the member designated as Chairman shall receive 
compensation at the rate of $22,500 per annum." 

Public Law 85-287 (71 Stat. 612) (1957), sec. 1, had amended that 
sentence by substituting $22,000 for $18,000, and by substituting $22,500 
for $20,000. 

19 Public Law S5-287 (71 Stat. 612) (1957). sec. 2. amended sec. 24 
and replaced it in its entirety. Before amendment sec. 24 read : 

"Sec. 24. General Manager. — There is hereby established within the 
Commission a General Manager, who shall discharge such of the admin- 
istrative and executive functions of the Commission as the Commission 
may direct. The General Manager shall be appointed by the Commis- 
sion, shall serve at the pleasure of the Commission, shall be removable 
by the Commission, and shall receive compensation at a rate determined 
by the Commission, but not in excess of $20,000 per annum." 

20 Public Law 88-420 (78 Stat. 400) (1904). sec. 300(f). amended the 
last sentence of sec. 24 c. by inserting "and" immediately before "shall be 
removable by the General Manager" and by deleting the last part of the 
sentence which read : ", and shall receive compensation at a rate deter- 
mined by the General Manager, but. not in excess of $20,500 per annum". 



13 



the General Manager with the approval of the Com- 
mission, shall serve at the pleasure of the General 
Manager, and shall be removable by the General 
Manager. 21 

' ; c. Assistant General Managers, or their equiva- 
lents (not to exceed a total of three positions), who 
shall perform such administrative and executive 
functions as the General Manager shall direct. They 
shall be appointed by the General Manager with the 
approval of the Commission, shall serve at the pleas- 
ure of the General Manager, and shall be removable 
by the General Manager. 22 
; 'Sec. 25. Divisions, Offices, and Positions. 23 — There 
is hereby established within the Commission — 

'*a. a Division of Military Application and such 
other program divisions (not to exceed ten in num- 
ber) as the Commission may determine to be 
necessary to the discharge of its responsibilities, in- 
cluding a division or divisions the primary respon- 
sibilities of which include the development and 
application of civilian uses of atomic energy. The 
Division of Military Application shall be under the 
direction of an Assistant General Manager for Mili- 
tary Application, who shall be appointed by the 
Commission and shall be an active commissioned 
officer of the Armed Forces serving in general or 
flag officer rank or grade, as appropriate. Each other 
program division shall be under the direction of a 
Director who shall be appointed by the Commission. 
The Commission shall require each such division to 
exercise such of the Commission's administrative 
and executive powers as the Commission may de- 
termine; 24 



a Public Law 88-426 (78 Stat. 400) (1964). sec. 306(f). amended the 
last sentence of sec. 24 b. by inserting "and" immediately before "shall be 
removable by the General Manager" and by deleting the last part of the 
sentence which read : ", and shall receive compensation at a rate deter- 
mined by the General Manager, but not in excess of $20,500 per annum". 

-Public Law 88-426 (78 Srat. 400) (1004), sec. 306(f). amended the 
last sentence of sec. 24 c. by inserting "and" immediately before "shall be 
removable by the General Manager" and by deleting the last part of the 
sentence which read : ", and shall receive compensation at a rate deter- 
mined by the General Manager, but not in excess of $20,000 per annum". 

23 Public Law 85-287 (71 Stat. 612) (1957), sec. 3, amended the title 
of sec. 25. Before amendment the title of this section was : "Divisions 
and Offices." 

2< Public Law 90-190 (SI Stat. 575) (1967), sec. 5, amended sec. 25 a. 
Before amendment, sec. 25 a. read as follows : 

"a. a Division of Military Application and such other program divisions 
(not to exceed ten in number) as the Commission may determine to be 
necessary to the discharge of its responsibilities, including a division 
or divisions the primary responsibilities of which include the development 
and application of civilan uses of atomic energy. Each such division 
shall be under the direction of a Director who shall be appointed by the 
Commission. The Director of the Division of Military Application shall 
be an active member of the Armed Forces. The Commission shall require 
each such division to exercise such of the Commission's administrative 
and executive powers as the Commission mav determine ;". 

Public Law 88-426 (7S Stat. 400) (1964), sec. 306(f), earlier had 
amended the second sentence of sec. 25 a. by deleting the last part which 
read : "and shall receive compensation at a rate determined by the Com- 
mission, but not in excess of $19,000 per annum". Public Law 85-287 (71 
gtat. 612) (1957), sec. 3, had amended that sentence by substituting 
118,000 for $16,000. 



Divisions and 
offices. 
42 U.S.C. 
sec. 2035. 

Assistant 

General 

Manager for 

Military 

Application. 

Program 

divisions. 



14 



General 

Counsel. 



Inspection 
Division. 



Military 
Liaison 
Committee. 
42 U.S.C. 
sec. 2037. 



"b. an Office of the General Counsel under the 
direction of the General Counsel who shall be 
appointed by the Commission; 25 and 

"c. an Inspection Division under the direction of 
a Director who shall be appointed by the Commis- 
sion. 26 The Inspection Division shall be responsible 
for gathering information to show whether or not 
the contractors, licensees, and officers and employees 
of the Commission are complying with the provi- 
sions of this Act (except those provisions for which 
the Federal Bureau of Investigation is responsible) 
and the appropriate rules and regulations of the 
Commission. 

"d. such other executive management positions 
(not to exceed six in number) as the Commission 
may determine to be necessary to the discharge of its 
responsibilities. Such positions shall be established 
by the General Manager with the approval of the 
Commission. They shall be appointed by the Gen- 
eral Manager with the approval of the Commission, 
shall serve at the pleasure of the General Manager, 
and shall be removable by the General Manager. 27 
"Sec. 26. 28 

"Sec. 27. Military Liaison Committee. — There is 
hereby established a Military Liaison Committee con- 
sisting of — 

"a. a Chairman, who shall be the head thereof and 
who shall be appointed by the President, by and 



^Public Law 88-420 (78 Stat. 400) (1964), sec. 306(f), amended 
sec. 25 b. by deleting the last part which read : "and shall receive com- 
pensation at a rate determined by the Commission, but not in excess 
of $19,500 per annum. 

Public Law 85-287 (71 Stat. 612) (1957), sec. 3, had amended sec. 

25 b. by substituting $19,500 for $16,000. 

26 Public Law 88-426 (78 Stat. 400) (1964), sec. 306(f), amended the 
first sentence of sec. 25 c. by deleting the last part which read : "and 
shall receive compensation at a rate determined by the Commission, but 
not In excess of $19,000 per annum". 

Public Law 85-287 (71 Stat. 612) (1957), sec. 3, had amended that 
sentence by substituting $19,000 for $16,000. 

27 Public Law 85-287 (71 Stat. 612) (1957), sec. 3, added subsec. d. 
Public Law 88-426 (78 Stat. 400) (1964), sec. 306(f), amended the last 
sentence of this subsection by inserting "and" immediately before 'shall 
be removable by the General Manager and by deleting the last part of 
the sentence which read : ", and shall receive compensation at a rate 
determined by the General Manager, but not in excess of $19,000 per 
annum". 

28 Public Law 95-91 (91 Stat. 608) (1977) sec. 709(c) (1). repealed sec. 

26 which read: 

"General Advisory Committee. — There shall be a General Advisory 
Committee to advise the Commission on scientific and technical matters 
relating to materials, production, and research and development, to be 
composed of nine members, who shall be appointed from civilian life by 
the President. Each member shall hold office for a term of six years, ex- 
cept that (a) any member appointed to fill a vacancy occurring prior to 
the expiration of the term for which his predecessor was appointed, shall 
be appointed for the remainder of such term ; and (b) the terms of office of 
the members first taking office after August 1. 1946, shall expire, as desig- 
nated by the President at the time of appointment, three at the end of 
two years, three at the end of four years, and three at the end of six years. 
after August 1, 1946. The Committee shall designate one of its own mem- 
bers as Chairman. The Committee shall meet at least four times in every 
calendar year. The members of the Committee shall receive a per diem 
compensation for each day spent in meetings or conferences, and all mem- 
bers shall receive their necessary traveling or other expenses while 
engaged in the work of the Committee." 



15 



with the advice and consent of the Senate, who shall 
serve at the pleasure of the President ; 29 and 

"b. a representative or representatives from each 
of the Departments of the Army, Navy, and Air 
Force, in equal numbers, as determined by the Sec- 
retary of Defense, to be assigned from each Depart- 
ment by the Secretary thereof, and who will serve 
without additional compensation. 
"The Chairman of the Committee may designate one of 
the members of the Committee as Acting Chairman to 
act during his absence. The Commission shall advise 
and consult with the Department of Defense, through 
the Committee, on all atomic energy matters which the 
Department of Defense deems to relate to military ap- 
plications of atomic weapons or atomic energy including 
the development, manufacture, use, and storage of atomic 
weapons, the allocation of special nuclear material for 
military research, and the control of information relat- 
ing to the manufacture or utilization of atomic weapons ; 
and shall keep the Department of Defense, through the 
Committee, fully and currently informed of all such 
matters before the Commission. The Department of 
Defense, through the Committee, shall keep the Com- 
mission fully and currently informed on all matters 
within the Department of Defense which the Commis- 
sion deems to relate to the development or application 
of atomic energy. The Department of Defense, through 
the Committee, shall have the authority to make written 
recommendations to the Commission from time to time 
on matters relating to military applications of atomic 
energy as the Department of Defense may deem appro- 
priate. If the Department of Defense at any time con- 
cludes that any request, action, proposed action, or 
failure to act on the part of the Commission is adverse 
to the responsibilities of the Department of Defense, the 
Secretary of Defense shall refer the matter to the Presi- 
dent whose decision shall be final. 

"Sec. 28. Appointment or Army, Navy, or Air Force 
Officers. — Notwithstanding the provisions of any other 
law, the officer of the Army, Navy, or Air Force serving 
as Assistant General Manager for Military Application 
shall serve without prejudice to his commissioned status 
as such officer. Any such officer serving as Assistant Gen- 
eral Manager for Military Application shall receive in 
addition to his pay and allowances, including special 
and incentive pays, for which pay and allowances the 
Commission shall reimburse his service, an amount equal 
to the difference between such pay and allowances, in- 
cluding special and incentive pays, and the compensa- 



Defense de- 
partment. 



Appointment 
of Army, Navy 
or Air Force 
officers. 
42 U.S.C. 
sec 2038. 



29 Public Law 88-42G (78 Stat. 400) (1964), sec. 305(10) (B). repealed 
the phrase ", and who shall receive compensation at the rate prescribed for 
an Assistant Secretary of Defense", which appeared after the word 
"President". 



16 



Chairman, Mili- 
tary Liaison 
Committee. 



Committee on 
Reactor 
Safeguards. 
42 U.S.C. 
sec. 2039. 



tion established for this position. 30 Notwithstanding the 
provisions of any other law, any active or retired officer 
of the Army, Navy, or Air Force may serve as Chairman 
of the Military Liaison Committee without prejudice to 
his active or retired status as such officer. Any such officer 
serving as Chairman of the Military Liaison Committee 
shall receive, in addition to his pay and allowances, in- 
cluding special and incentive pays, or in addition to his 
retired pay, an amount equal to the difference between 
such pay and allowances, including special and incentive 
pays, or between his retired pay, and the compensation 
prescribed for the Chairman of the Military Liaison 
Committee. 

"Sec. 29. Advisory Committee on Reactor Safe- 
guards. — There is hereby established an Advisory Com- 
mittee on Reactor Safeguards consisting of a maximum 
of fifteen members appointed by the Commission for 
terms of four years each. The Committee shall review 
safety studies and facility license applications referred to 
it and shall make reports thereon, shall advise the Com- 
mission with regard to the hazards of proposed or exist- 
ing reactor facilities and the adequacy of proposed re- 
actor safety standards, and shall perform such other 
duties as the Commission may request. One member shall 
be designated by the Committee as its Chairman. The 
members of the Committee shall receive a per diem com- 
pensation for each day spent in meetings or conferences, 
or other work of the Committee, and all members shall 
receive their necessary traveling or other expenses while 
engaged in the work of the Committee. The provisions of 
section 163 shall be applicable to the Committee. 31 In 
addition to its other duties under this section, the com- 
mittee, making use of all available sources, shall under- 
take a study of reactor safety research and prepare and 
submit annually to the Congress a report containing the 
results of such study. The first such report shall be sub- 
mitted to the Congress not later than December 31, 19T7. 32 



30 Public Law 90-190 (81 Stat. 575) (1967), sec. 6. amended the first 
two sentences of sec. 28. Prior to this amendment, these sentences read as 
follows : 

"Notwithstanding the provisions of any other law, any active officer of 
the Army, Navy, or Air Force may serve as Director of the Division of 
Military Application without prejudice to his commissioned status as 
such officer. Any such officer serving as Director of the Division of Mili- 
tary Application shall receive in addition to his pay and allowances, 
including special and incentive pays, an amount equal to the difference 
between such pay and allowances, including special and incentive pays. 
and the compensation established for this position pursuant to section 
303 or section 309 of the Federal Executive Salarv Act of 1964." 

Public Law 88-426 (73 Stat. 400), sec. 306. had earlier amended the 
second sentence of sec. 28 by substituting the last phrase for the phrase 
"and the compensation prescribed in section 25". 

31 Public Law 85-256 (71 Stat. 576) (1957), sec. 5, added sec. 29. 

32 Public Law 95-209 (91 Stat. 1483) (1977), sec. 5, amended sec. 29 
by adding the last two sentences. 



17 



"CHAPTER 4. RESEARCH 

"Sec. 31. Research Assistance. — Research 

"a. The Commission is directed to exercise its powers JffpSlS 1, 
in such manner as to insure the continued conduct of sec. 2051'. 
research and development and training 33 activities in 
the fields specified below, by private or public institutions 
or persons, and to assist in the acquisition of an ever- 
expanding fund of theoretical and practical knowledge 
in such fields. To this end the Commission is authorized 
and directed to make arrangements (including con- 
tracts, agreements, and loans) for the conduct of research 
and development activities relating to — 
" ( 1 ) nuclear processes ; 

"(2) the theory and production of atomic energy, 
including processes, materials, and devices related to 
such production ; 

"(3) utilization of special nuclear material and 
radioactive material for medical, biological, agricul- 
tural, health, or military purposes ; 

"(4) utilization of special nuclear material, 
atomic energy, and radioactive material and proc- 
esses entailed in the utilization or production of 
atomic energy or such material for all other pur- 
poses, including industrial or commercial uses, the 
generation of usable energy, and the demonstration 
of advances in the commercial or industrial applica- 
tion of atomic energy ; 34 

"(5) the protection of health and the promotion 
of safety during research and production activities ; 
and 

"(6) the preservation and enhancement of a viable 
environment by developing more efficient methods 
to meet the Nation's energy needs. 35 
"b. The Commission is further authorized to make °' an ^ for «• 
grants and contributions to the cost of construction and reactors? etc. 
operation of reactors and other facilities and other equip- 
ment to colleges, universities, hospitals, and eleemosy- 
nary or charitable institutions for the conduct of educa- 
tional and training activities relating to the fields in 
subsection a. 36 



83 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 2, added the words 
"and training". 

s * Public Law 91-560 (84 Stat. 1472) (1970), sec. 1, amended para- 
graph 31 a. (4) which read as follows: "Utilization of special nuclear 
material, atomic energy, and radioactivity material and processes entailed 
In the utilization or production of atomic energy or such material for all 
other purposes, including industrial use, the generation of usable energy, 
and the demonstration of the practical value of utilization or production 
facilities for industrial or commercial purposes ; and". 

85 Public Law 92-84 (85 Stat. 304) (1971), sec. 201(a), added para- 
graph (6). 

3« Public Law 84-1006 (70 Stat. 1069) (1956), sec. 3, added subsec. 
31 b. and redesignated former subsecs. 31 b. and c. as subsecs. 31 c. and d., 
respectively. 



18 



41 U.S.C. 

252(c). 

(See 41 TJ.S.C. 

260(b).) 



Research by the 
Commission. 
43 U.S.C. 
wc. 2083. 



Research for 
others. 



"c. The Commission may (1) make arrangements pur- 
suant to this section, without regard to the provisions of 
section 3709 of the Kevised Statutes, as amended, upon 
certification by the Commission that such action is neces- 
sary in the interest of the common defense and security, 
or upon a showing by the Commission that advertising 
is not reasonably practicable; (2) make partial and ad- 
vance payments under such arrangements; and (3) make 
available for use in connection therewith such of its 
equipment and facilities as it may deem desirable. 

"d. The arrangements made pursuant to this section 
shall contain such provisions (1) to protect health, (2) 
to minimize danger to life or property, and (3) to require 
the reporting and to permit the inspection of work per- 
formed thereunder, as the Commission may determine. 
No such arrangement shall contain any provisions or 
conditions which prevent the dissemination of scientific 
or technical information, except to the extent such dis- 
semination is prohibited by law. 

"Sec. 32. Research by the Commission. — The Com- 
mission is authorized and directed to conduct, through 
its own facilities, activities and studies of the types speci- 
fied in section 31. 

"Sec. 33. Research for Others. — Where the Com- 
mission finds private facilities or laboratories are inade- 
quate for the purpose, it is authorized to conduct for other 
persons, through its own facilities, such of those activi- 
ties and studies of the types specified in section 31 as it 
deems appropriate to the development of energy." 
To the extent the Commission determines that private 
facilities or laboratories are inadequate to the purpose, 
and that the Commission's facilities, or scientific or tech- 
nical resources have the potential of lending significant 
assistance to other persons in the fields of protection of 
public health and safety, the Commission may also assist 
other persons in these fields by conducting for such per- 
sons, through the Commission's own facilities, research 
and development or training activities and studies. The 
Commission is authorized to determine and make such 
charges as in its discretion may be desirable for the con- 
duct of the activities and studies referred to in this 
section. 38 



37 Public Law 02-84 (85 Stat. 304) (1071), sec. 201(b). amended this 
sentence. Prior to amendment it read as follows : "Where the Commission 
finds private facilities or laboratories are inadequate to the purpose, it is 
authorized to conduct for other persons, through its own facilities, such 
of those activities and studies of the types specified in section 31 as it 
deems appropriate to the development of atomic energy." 

38 Public Law 00-100 (81 Stat. r>75) (1067). sec. 7, amended sec. 33. 
Prior to amendment, the section reads as follows : 

"Sec. 33. Research for Others. — Where the Commission finds private 
facilities or laboratories are inadequate to the purpose, it is authorized 
to conduct for other persons, through its own facilities, such of those ac- 
tivities and studies of the types specified in section 31 as it deems appro- 
priate to the development of atomic energy. The Commission is authorized 
to determine and make such charges as in its discretion may be desirable 
for the conduct of such activities and studies." 



19 



"CHAPTEK 5. PKODUCTION OF SPECIAL 
NUCLEAK MATERIAL 



"Sec. 41. Ownership and Operation of Production 
Facilities. — 

"a. Ownership of production facilities. — The 
Commission, as agent of and on behalf of the United 
States, shall be the exclusive owner of all produc- 
tion facilities other than facilities which (1) are 
useful in the conduct of research and development 
activities in the fields specified in section 31, and do 
not, in the opinion of the Commission, have a poten- 
tial production rate adequate to enable the user of 
such facilities to produce within a reasonable period 
of time a sufficient quantity of special nuclear ma- 
terial to produce an atomic weapon; or (2) are 
licensed by the Commission pursuant to section 103 
or 104. 

"b. Operation of the commission's production 
facilities. — The Commission is authorized and di- 
rected to produce or to provide for the production 
of special nuclear material in its own production 
facilities. To the extent deemed necessary, the 
Commission is authorized to make, or to continue 
in effect, contracts with persons obligating them to 
produce special nuclear material in facilities owned 
by the Commission. The Commission is also au- 
thorized to enter into research and development con- 
tracts authorizing the contractor to produce special 
nuclear material in facilities owned by the Commis- 
sion to the extent that the production of such spe- 
cial nuclear material may be incident to the conduct 
of research and development activities under such 
contracts. Any contract entered into under this sec- 
tion shall contain provisions (1) prohibiting the 
contractor from subcontracting any part of the work 
he is obligated to perform under the contract, except 
as authorized by the Commission ; and (2) obligating 
the contractor (A) to make such reports pertaining 
to activities under the contract to the Commission as 
the Commission may require, (B) to submit to in- 
spection by employees of the Commission of all such 
activities, and (C) to comply with all safety and 
security regulations which may be prescribed by the 
Commission. Any contract made under the provi- 
sions of this paragraph may be made without regard 
to the provisions of section 3709 of the Revised Stat- 
utes, as amended, upon certification by the Commis- 
sion that such action is necessary in the interest of 



Ownership and 
operation of 
production 
facilities. 
42 U.S.C 
sec. 2061. 



Operation 
of the 

Commission's 
production 
faculties. 



41 U.S.C. 

252(c). 

(See 41 U.S.C. 

260(b).) 



20 



Operation 
of other 
production 
facilities. 



Irradiation of 
materials. 
42 U.S.C 
sec. 2062. 



Acquisition of 
production 
facilities. 
42 U.S.C. 
sec. 2063. 



44 U.S.C. 

252(c). 

(Sec. 41 U.S.C. 

260(b).) 



Disposition of 
energy. 
42 U.S.C. 
sec. 2064. 



the common defense and security, or upon a showing 
by the Commission that advertising is not reason- 
ably practicable. Partial and advance payments may 
be made under such contracts. 39 

"c. Operation or other production facilities. — 
Special nuclear material may be produced in the 
facilities which under this section are not required to 
be owned by the Commission. 
' "Sec. 42. Irradiation of Materials. — The Commis- 
sion and persons lawfully producing or utilizing special 
nuclear material are authorized to expose materials of 
any kind to the radiation incident to the processes of 
producing or utilizing special nuclear material. 

"Sec. 43. Acquisition of Production Facilities. — 
The Commission is authorized to purchase any interest 
in facilities for the production of special nuclear mate- 
rials, or in real property on which such facilities are 
located, without regard to the provisions of section 3709 
of the Revised Statutes, as amended, upon certification 
by the Commission that such action is necessary in the 
interest of the common defense and security, or upon a 
showing by the Commission that advertising is not 
reasonably practicable. Partial and advance payments 
may be made under contracts for such purposes. The 
Commission is further authorized to requisition, con- 
demn, or otherwise acquire any interest in such produc- 
tion facilities, or to condemn or otherwise acquire such 
real property, and just compensation shall be made 
therefor. 

"Sec 44. Disposition of Energy. — If energy is pro- 
duced at production facilities of the Commission or is 
produced in experimental utilization facilities of the 
Commission, such energy may be used by the Commis- 
sion, or transferred to other Government agencies, or sold 
to publicly, cooperatively, or privately owned utilities 
or users at reasonable and nondiscriminatory prices. If 
the energy produced is electric energy, the price shall be 
subject to regulation by the appropriate agency having 
jurisdiction. In contracting for the disposal of such 
energy, the Commission shall give preference and pri- 
ority to public bodies and cooperatives or to privately 
owned utilities providing electric utility services to high 
cost areas not being served by public bodies or coopera- 
tives. Nothing in this Act shall be construed to author- 
ize the Commission to engage in the sale or distribution 
of energy for commercial use except such energy as may 
be produced by the Commission incident to the operation 
of research and development facilities of the Commis- 
sion, or of production facilities of the Commission. 



39 Public Law 90-190 (81 Stat. 575) (1967). sec. 8. deleted the last 
Bentence of sec. 41b, which read as follows : "The President shall deter- 
mine in writing at least once each year the quantities of special nuclear 
material to be produced under this section and shall specify in such 
determination the quantities of special nuclear material to be available 
for distribution by the Commission pursuant to section 53 or 54." 



21 



"CHAPTER 6. SPECIAL NUCLEAR MATERIAL 



"Sec. 51. Special Nuclear Material. — The Commis- 
sion may determine from time to time that other ma- 
terial is special nuclear material in addition to that 
specified in the definition as special nuclear material. 
Before making any such determination, the Commission 
must find that such material is capable of releasing sub- 
stantial quantities of atomic energy and must find that 
the determination that such material is special nuclear 
material is in the interest of the common defense and 
security, and the President must have expressly assented 
in writing to the determination. The Commission's de- 
termination, together with the assent of the President, 
shall be submitted to the Joint Committee* and a period 
of thirty days shall elapse while Congress is in session 
(in computing such thirty days, there shall be excluded 
the days on which either House is not in session because 
of an adjournment for more than three days) before the 
determination of the Commission may become effective : 
Provided, however, That the Joint Committee, after hav- 
ing received such determination, may by resolution in 
writing, waive the conditions of or all or any portion of 
such thirty-day period. 

"Sec. 53. 40 Domestic Distribution of Special Nu- 
clear Material. — 

"a. The Commission is authorized (i) to issue licenses 
to transfer or receive in interstate commerce, transfer, 
deliver, acquire, possess, own, receive possession of or 
title to, import, or export under the terms of an agree- 
ment for cooperation arranged pursuant to section 123, 
special nuclear material, (ii) to make special nuclear ma- 
terial available for the period of the license, and, (iii) to 
distribute special nuclear material within the United 
States to qualified applicants requesting such material — 41 



Special nuclear 
material 
42U.S.C. 
sec. 2071. 



Nuclear materi- 
al licences 
42 U.S.C. 
sec. 2073. 



*See Public Law 95-110, sec. 301b, page 141. 

*° Public Law 88-489 (78 Stat. 002) (1964), sec. 4, reads as follows: 

"Section 52 of the Atomic Energy Act of 1954, as amended, is repealed. 
All rights, title, and interest in and to any special nuclear material 
vested in the United States solely by virtue of the provisions of the first 
sentence of such section 52, and not by any other transaction authorized 
by the Atomic Energy Act of 1954, as amended, or other applicable law, 
are hereby extinguished." 

Section 52 read as follows : 

•'Sec. 52. Government Ownership of All Special Nuclear Mate- 
RI i A t*i — A11 ri £ nts . title ' and interest in or to any special nuclear material 
within or under the jurisdiction of the United States, now or hereafter 
produced, shall be the property of the United States and shall be ad- 
ministered and controlled by the Commission as agent of and on behalf 
of the United States by virtue of this Act. Any person owning anv 
Interest in any special nuclear material at the time when such material 
is hereafter determined to be a special nuclear material shall be paid just 
compensation therefor. Any person who lawfuly produces anv special 
nuclear material, except pursuant to a contract with the Commission 
under the provisions of section 31 or 41, shall be paid a fair price, deter- 
mined pursuant to section 56, for producing such material " 

** Public Law 88-489 (78 Stat. 602) (1964), sec. 5, amended this sub- 
section. Betore amendment, this subsection read : 

"a. The Commission is authorized to issue licenses for the possession 
of, to make available for the period of the license, and to distribute 
special nuclear material within the United States to qualified applicants 
requesting such material — " 



22 



"(1) for the conduct of research and development 
activities of the types specified in section 31 ; 

"(2) for use in the conduct of research and devel- 
opment activities or in medical therapy under a 
license issued pursuant to section 104 ; 

"(3) for use under a license issued pursuant to 
section 103 ; 

"(4) for such other uses as the Commission deter- 
mines to be appropriate to carry out the purposes 
of this Act. 42 
"b. The Commission shall establish, by rule, minimum 
criteria for the issuance of specific or general licenses for 
the distribution of special nuclear material depending 
upon the degree of importance to the common defense 
and security or to the health and safety of the public of — 
"(1) the physical characteristics of the special 
nuclear material to be distributed ; 

"(2) the quantities of special nuclear material to 
be distributed ; and 

"(3) the intended use of the special nuclear ma- 
terial to be distributed. 
"c. ( 1 ) The Commission may distribute special nuclear 
material licensed under this section by sale, lease, lease 
with option to buy, grant, or through the provision of 
production or enrichment services: 43 Provided, how- 
Distribution ever, That unless otherwise authorized by law, the Com- 
mission shall not after December 31, 1970, distribute 
special nuclear material except by sale or through the 
provision of production or enrichment services 43 to any 
person who possesses or operates a utilization facility 
under a license issued pursuant to section 103 or 104 b. for 
use in the course of activities under such license ; nor shall 
the Commission permit any such person after June 30, 
1973, to continue leasing for use in the course of such 
activities special nuclear material previously leased to 
such person by the Commission. 

"(2) The Commission shall establish reasonable sales 
prices for the special nuclear material licensed and dis- 
tributed by sale under this section. Such sales prices shall 
be established on a nondiscriminatory basis which, in the 
opinion of the Commission, will provide reasonable com- 
pensation to the Government for such special nuclear 
material. 
Agreement!. " (3) The Commission is authorized to enter into agree- 

ments with licensees for such period of time as the Com- 
mission may deem necessary or desirable to distribute to 
such licensees such quantities of special nuclear material 
as may be necessary for the conduct of the licensed activ- 
ity. In such agreements, the Commission may agree to 
repurchase any special nuclear material licensed and dis- 

*s Public Law 85-081 (72 Stat. H32) (19.~>8). sec. 1. added clause (4). 
^Public Law 90-190 (81 Stat. HT.t) (1967), sec. 10. added the phrase 
"or through the provision of production or enrichment services"'. 



23 

tributed by sale which is not consumed in the course of 
the licensed activity, or any uranium remaining after 
irradiation of such special nuclear material, at a repur- 
chase price not to exceed the Commission's sale price for 
comparable special nuclear material or uranium in effect 
at the time of delivery of such material to the Commis- 
sion. 

"(4) The Commission may make a reasonable charge, Charges, 
determined pursuant to this section, for the use of special 
nuclear material licensed and distributed by lease under 
subsection 53 a. (1), (2) or (4) 44 and shall make a rea- 
sonable charge determined pursuant to this section for the 
use of special nuclear material licensed and distributed 
by lease under subsection 53 a. (3). The Commission 
shall establish criteria in writing for the determination 
of whether special nuclear material will be distributed 
by grant and for the determination of whether a charge 
will be made for the use of special nuclear material 
licensed and distributed by lease under subsection 53 a. 
(1) , (2) or (4) , considering, among other things, whether 
the licensee is a nonprofit or eleemosynary institution 
and the purposes for which the special nuclear material 
will be used. 45 

"d. In determining the reasonable charge to be made 
by the Commission for the use of special nuclear material 
distributed by lease 4G to licensees of utilization or pro- 
duction facilities licensed pursuant to section 103 or 104, 
in addition to consideration of the cost thereof, the Com- 
mission shall take into consideration — 

"(1) the use to be made of the special nuclear 
material ; 

"(2) the extent to which the use of the special 
nuclear material will advance the development of the 
peaceful uses of atomic energy ; 

"(3) the energy value of the special nuclear ma- 
terial in the particular use for which the license is 
issued ; 

"(4) whether the special nuclear material is to be 
used in facilities licensed pursuant to section 103 or 
104. In this respect, the Commission shall, insofar 

** Public Law 85-681 (72 Stat. 632) (1958), sec. 2. amended ?ubsec. c. 
of sec. 53. Before amendment this phrase and the same phrase in the 
next sentence read "subsection 53 a. (1) or subsection 53 a. (2)". See 
footnote 45. 

45 Public Law 88-489 (78 Stat. H02) (19G4), sec. 6. amended subsec. 
53c. Before amendment, this subsection read : 

"c. The Commission may make a reasonable charge, determined pur- 
suant to this section, for the use of special nuclear material licensed and 
distributed under subsection 53 a. (1), (2) or (4) and shall make a 
reasonable charge determined pursuant to this section for the use of 
special nuclear material licensed and distributed under subsection 53 a. 
(3). The Commission shall establish criteria in writing for the deter- 
mination of whether a charge will be made for the use of special nuclear 
material licensed and distributed under subsection 53 a. (1), (2) or (4) 
considering, among other things, whether the licensee is a nonprofit or 
eleemosynary institution and the purposes for which the special nuclear 
material will be used." 

" Public Law SS-4S9 (78 Stat. G02) (19G4), sec. 7, added the words 
"by lease". 



License condi- 
tio*. 



24 

as practicable, make uniform, nondiscriminatory 
charges for the use of special nuclear material dis- 
tributed to facilities licensed pursuant to section 
103 ; and > 

"(5) with respect to special nuclear material con- 
sumed in a facility licensed pursuant to section 103, 
the Commission shall make a further charge equiva- 
lent to the sale price for similar special nuclear ma- 
terial established by the Commission in accordance 
with subsection 53 c. (2), and the Commission may 
make such a charge with respect to such material 
consumed in a facility licensed pursuant to section 
104. 47 
"e. Each license issued pursuant to this section shall 
contain and be subject to the following conditions — 

"(2) 48 no right to the special nuclear material 
shall be conferred by the license except as defined by 
the license ; 

"(3) neither the license nor any right under the 
license shall be assigned or otherwise transferred in 
violation of the provisions of this Act ; 

"(4) all special nuclear material shall be subject 
to the right of recapture or control reserved by sec- 
tion 108 and to all other provisions of this Act ; 

"(5) no special nuclear material may be used in 
any utilization or production facility except in ac- 
cordance with the provisions of this Act; 

"(6) special nuclear material shall be distributed 
only on terms, as may be established by rule of the 
Commission, such that no user will be permitted to 
construct an atomic weapon ; 

"(7) special nuclear material shall be distributed 
only pursuant to such safety standards as may be 
established by rule of the Commission to protect 
health and to minimize danger to life or property ; 
and 

"(8) except to the extent that the indemnification 
and limitation of liability provisions of section 170 
apply, the license will hold the United States and 
the Commission harmless from any damages result- 
ing from the use or possession of special nuclear 
material by the licensee. 49 

47 Public Law 88-489 (78 Stat. 602) (1964). sec. 7, amended this para- 
graph. Before amendment this paragraph read : 

"(5) with respect to special nuclear material consumed in a facility 
licensed pursuant to section 103. the Commission shall make a further 
charge based on the cost to the Commission, as estimated by the Com- 
mission, or the average fair price paid for the production of such special 
nuclear material as determined by section 56, whichever is lower." 

48 Public Law 88-489 (78 Stat. 602) (1964), sec. 8, deleted, subsec. 
53 e. (1). Subsec. 53 e. (1) read : 

"(1) title to all special nuclear material shall at all times be in the 
United States:" 

49 Public Law 95-256 (71 Stat. 576) (1957), sec. 2 amended sec. 53 e. 
(8). Before amendment this subsection read : 

"(8) the licensee will hold the United States and the Commission 
harmless from any damages resulting from the use or possession of special 
nuclear material by the licensee." 



25 



"f. The Commission is directed to distribute within 
the United States sufficient special nuclear material to 
permit the conduct of widespread independent research 
and development activities to the maximum extent prac- 
ticable. 50 In the event that applications for special nu- 
clear material exceed the amount available for distribu- 
tion, preference shall be given to those activities which 
are most likely, in the opinion of the Commission, to 
contribute to basic research, to the development of peace- 
time uses of atomic energy, or to the economic and mili- 
tary strength of the Nation. 

"Sec. 54. Foreign Distribution of Special Xuclear 
Material. — a. The Commission is authorized to cooper- 
ate with any nation or group of nations by distributing 
special nuclear material and to distribute such special 
nuclear material, pursuant to the terms of an agreement 
for cooperation to which such nation or group of nations 
is a party and which is made in accordance with section 
123. Unless hereafter otherwise authorized by law the 
Commission shall be compensated for special nuclear 
material so distributed at not less than the Commis- 
sion's published charges applicable to the domestic dis- 
tribution of such material, except that the Commission 
to assist and encourage research on peaceful uses or for 
uiedical therapy may so distribute without charge during 
any calendar year only a quantity of such material which 
at the time of transfer does not exceed in value $10,000 in 
the case of one nation or $50,000 in the case of any group 
of nations. The Commission may distribute to the Inter- 
national Atomic Energy Agency, or to any group of na- 
tions, only such amounts of special nuclear materials and 
for such period of time as are authorized by Congress : 
Provided, however, That, (i) notwithstanding this pro- 
vision, the Commission is hereby authorized, subject to 
the provisions of section 123, to distribute to the Agency 
five thousand kilograms of contained uranium-235, five 
hundred grams of uranium-233, and three kilograms of 
plutonium, together with the amounts of special nuclear 
material which will match in amount the sum of all quan- 
tities of special nuclear materials made available by all 
other members of the Agency to June 1, 1960; and (ii) 
notwithstanding the foregoing provisions of this sub- 
section, the Commission may distribute to the Interna- 
tional Atomic Energy Agency, or to any group of na- 
tions, such other amounts of special nuclear materials 
and for such other periods of time as are established in 
writing by the Commission : Provided, however, That 
before they are established by the Commission pursuant 
to this subdivision (ii), such proposed amounts and 



Distribution 
for independ- 
ent research, 
etc. 



Foreign dis- 
tribution of 
special nuclear 
material, 
42 U.S.C. 
sec. 207i. 



50 Public Law 90-190 (81 Stat. 575) (1967). sec. 9. deleted the f 1- 
lowing phrase which appeared at the end of this sentence : "and within 
the limitations set by the President purusaht to section 41." 

38-93S— 79 3 



26 



Purchase of 
special nuclear 
material. 



Foreign 
distribution 
of certain 

materials. 



periods shall be submitted to the Congress and referred 
to the Joint Committee* and a period of sixty days shall 
elapse while Congress is in session (in computing such 
sixty days, there shall be excluded the days on which 
either House is not in session because of adjournment of 
more than three days) : And provided further, That any 
such proposed amounts and periods shall not become 
effective if during such sixty-day period the Congress 
passes a concurrent resolution stating in substance that 
it does not favor the proposed action: And provided 
further, That prior to the elapse of the first thirty days 
of any such sixty-day period the Joint Committee shall 
submit a report to the Congress of its views and recom- 
mendations respecting the proposed amounts and periods 
and an accompanying proposed concurrent resolution 
stating in substance that the Congress favors, or does not 
favor, as the case may be, the proposed amounts or 
periods. The Commission may agree to repurchase any 
special nuclear material distributed under a sale arrange- 
ment pursuant to this subsection which is not consumed 
in the course of activities conducted in accordance with 
the agreement for cooperation, or any uranium remain- 
ing after irradiation of such special nuclear material, at 
a repurchase price not to exceed the Commission's sale 
price for comparable special nuclear material or uranium 
in effect at the time of delivery of such material to the 
Commission. The Commission may also agree to pur- 
chase, consistent with and within the period of the agree- 
ment for cooperation, special nuclear material produced 
in a nuclear reactor located outside the United States 
through the use of special nuclear material which was 
leased or sold pursuant to this subsection. Under any such 
agreement the Commission shall purchase only such ma- 
terial as is delivered to the Commission during any 
period when there is in effect a guaranteed purchase price 
for the same material produced in a nuclear reactor by 
a person licensed under section 104, established by the 
Commission pursuant to section 56, and the price to be 
paid shall be the price so established by the Commission 
and in effect for the same material delivered to the Com- 
mission. 

"b. Notwithstanding the provisions of sections 123, 124, 
and 125, the Commission is authorized to distribute to 
any person outside the United States (1) plutonium con- 
taining 80 per centum or more by weight of plutonium- 
238, and (2) other special nuclear material when it has, 
in accordance with subsection 57 d., exempted certain 
classes or quantities of such other special nuclear material 
or kinds of uses or users thereof from the requirements 
for a license set forth in this chapter. Unless hereafter 
otherwise authorized by law, the Commission shall be 



♦See Public Law 95-110, sec. 301b, page 141. 



27 

compensated for special nuclear material so distributed 
at not less than the Commission's published charges ap- 
plicable to the domestic distribution of such material. 
The Commission shall not distribute any plutonium con- 
taining 80 per centum or more by weight of plutonium- 
238 to any person under this subsection if, in its opinion, 
such distribution would be inimical to the common de- 
fense and security. The Commission may require such 
reports regarding the use of material distributed pur- 
suant to the provisions of this subsection as it deems 
necessary. 

"c. The Commission is authorized to license or other- 
wise permit others to distribute special nuclear material 
to any person outside the United States under the same 
conditions, except as to charges, as would be applicable 
if the material were distributed by the Commission. 51 

"d. The authority to distribute special nuclear mate- 
rial under this section other than under an export license 
granted by the Xuclear Regulatory Commission shall 
extend only to the following small quantities of special 
nuclear material (in no event more than five hundred 

51 Section 2 of Public Law 93-377 (88 Stat. 473) (1974). amended 
section 54. Previously section 54 read as follows : 

"Sec. 54. Foreign Distribution of Special Nuclear Material. — The 
Commission is authorized to cooperate with any nation by distributing 
special nuclear material and to distribute such special nuclear material, 
pursuant to the terms of an agreement for cooperation to which such 
nation is a party and which is made in accordance with section 123. 
Unless hereafter otherwise authorized by law the Commission shall be 
compensated for special nuclear material so distributed at not less than 
the Commission's published charges applicable to the domestic distribu- 
tion of such material, except that the Commission to assist and encourage 
research on peaceful uses or for medical therapy may so distribute with- 
out charge during any calendar year only a quantity of such material 
which at the time of transfer does not exceed in value $10,000 in the case 
of one nation or $50,000 in the case of any group of nations. The Com- 
mission may distribute to the International Atomic Energy Agency, or to 
any group of nations, only such amounts of special nuclear materials and 
for such periods of time as are authorized by Congress: Provided, how- 
ever, That, notwithstanding this provision, the Commission is hereby 
authorized subject to the provisions of section 123. to distribute to the 
Agency five thousand kilograms of contained uranium-235, five hundred 
grams of uranium 233 and three kilograms of plutonium together with 
the amounts of special nuclear material which will match in amount the 
sum of all quantities of special nuclear materials made available by all 
other members of the Agency to July 1. 1960. The Commission may agree 
to repurchase any special nuclear material distributed under a sale 
arrangement pursuant to this section which is not consumed in the course 
of the activities conducted in accordance with the agreement for coopera- 
tion, or any uranium remaining after irradiation of such special nuclear 
material, at a repurchase price not to exceed the Commission s sale price 
for comparable special nuclear material or uranium in effect at the time 
of delivery of such material to the Commission. The Commission may 
also agree to purchase, consistent with and within the period of the agree- 
ment for cooperation, special nuclear material produced in a nuclear 
reactor located outside the United States through the use of special 
nuclear material which was leased or sold pursuant to this section. Under 
any such agreement, the Commission shall purchase only such material 
as is delivered to the Commission during any period when there is in 
effect a guaranteed purchase price for the same material produced in a 
nuclear reactor by a person licensed under section 104. established by 
the Commission pursuant to section 56. and the price to be paid shall be 
the price so established by the Commission and in effect for the same 
material delivered to the Commission.* 

* Public Law 88-487 (78 Stat. 602) (1964) had added the last 
three sentences to section 54. Public Law 87-206 (75 Stat. 475) 
(1961) sec. 4. had added the words "five hundred grams of uranium 
233 and three kilograms of plutonium" to the proviso in this sec- 
tion. Public Law 85-177 (71 Stat. 453) (1957), sec. 7, had added 
the second and third sentences, including the proviso, to sec. 54. 



28 



Acquisition. 
42 U.S.C. 
see. 2075. 



41 U.S.C. 
252(c) 



grams per year of the uranium isotope 233, the uranium 
isotope 235, or plutonium contained in special nuclear 
material to any recipient) : 

"(1) which are contained in laboratory samples, 

medical devices, or monitoring or other instruments ; 

or 

"(2) the distribution of which is needed to deal 

with an emergency situation in which time is of the 

essence, 
"e. The authority in this section to commit United 
States funds for any activities pursuant to any subse- 
quent arrangement under section 131 a. (2) (E) shall be 
subject to the requirements of section 131. 52 

"Sec. 55. Acquisition. — The Commission is author- 
ized, to the extent it deems necessary to effectuate the pro- 
visions of this Act, to purchase without regard to the 
limitations in section 54 or any guaranteed purchase 
prices established pursuant to section 56, and to take, 
requisition, condemn, or otherwise acquire any special 
nuclear material or any interest therein. Any contract 
of purchase made under this section may be made without 
regard to the provisions of section 3709 of the Revised 
Statutes, as amended, upon certification by the Commis- 
sion that such action is necessary in the interest of the 
common defense and security, or upon a showing by the 
Commission that advertising is not reasonably practi- 
cable. Partial and advance payments may be made under 
contracts for such purposes. Just compensation shall be 
made for any right, property, or interest in property 
taken, requisitioned, or condemned under this section. 53 
Provided, That the authority in this section to commit 
United States funds for any activities pursuant to any 
subsequent arrangement under section 131 a. (2) (E) 
shall be subject to the requirements of section 131. 54 
"Sec. 56. Guaranteed Purchase Prices. — The Com- 
42 r rj h i s c prlceR mission shall establish guaranteed purchase prices for 
•ec. 207i plutonium produced in a nuclear reactor by a person 

licensed under section 104 and delivered to the Commis- 
sion before January 1, 1971. The Commission shall also 
establish for such periods of time as it may deem neces- 
sary but not to exceed ten years as to any such period, 
guaranteed purchase prices for uranium enriched in the 



(see 41 U.S.C. 
2( 



560(b).) 



Guaranteed 



52 Public Law 95-242 (92 Stat. 125) (1978), sec. 301(a) and sec. 303 
(b)(1) added subsec. 54(d) and subsec. 54(e), respectively. 

63 Public Law 88-489 (78 Stat. G02) (1964), see. 10, amended sec. 55 
by substituting a complete new sec. 55. Before amendment sec. 55 read as 
follows : 

Sec. 55. Acquisition. — The Commission is authorized to purchase 
or otherwise acquire any special nuclear material or any interest therein 
outside the United States without regard to the provisions of section 
3709 of the Revised Statutes, as amended, upon certification by the 
Commission that such action is necessary in the interest of the common 
defense and security, or upon a showing by the Commission that ad- 
rertising is not reasonably practicable. Partial and advance payments 
may be made under contracts for such purposes." 

b* Public Law 95-242 (02 Stat. 131) (1978), sec. 303(b)(2), added the 
proviso at the end of sec. 55. 



29 

isotope 233 produced in a nuclear reactor by a person 
licensed under section 103 or section 104 and delivered 
to the Commission within the period of the guarantee. 55 
Guaranteed purchase prices established under the author- 
ity of this section shall not exceed the Commission's 
determination of the estimated value of plutonium or 
uranium enriched in the isotope 233 as fuel in nuclear 
reactors, and such prices shall be established on a non- 
discriminatory basis : Provided, That the Commission is 
authorized to establish such guaranteed purchase prices 
only for such plutonium or uranium enriched in the iso- 
tope 233 as the Commission shall determine is produced 
through the use of special nuclear material which was 
leased or sold by the Commission pursuant to section 53. 5G 
"Sec. 57. Prohibition.— # ESSSj 116 * 

"a. Unless authorized by a general or specific license 42 u.sTa 
issued by the Commission, which the Commission is au- 
thorized to issue pursuant to section 53, no person may 
transfer or receive in interstate commerce, transfer, de- 
liver, acquire, own, possess, receive possession of or title 
to, or import into or export from the United States may 
special nuclear material. 

"b. It shall be unlawful for any person to directly or special nuclear 
indirectly engage in the production of any special nuclear Eduction, 
material outside of the United States except (1) as spe- 2^ c ^ r ® gy 
cifically authorized under an agreement for cooperation 42u.s.c.'2077. 
made pursuant to section 123, including a specific authori- Po8t ' p - 142 - 
zation in a subsequent arrangement under section 131 of 
this Act, or (2) upon authorization by the Secretary of post, p. 127. 
Energy after a determination that such activity will not 
be inimical to the interest of the United States: Pro- 
vided, That any such determination by the Secretary of 
Energy shall be made only with the concurrence of the 
Department of State and after consultation with the Authorization 
Arms Control and Disarmament Agency, the Nuclear requests, 
Regulatory Commission, the Department of Commerce, proce ures 
and the Department of Defense. The Secretary of Energy 
shall, within ninety days after the enactment of the Nu- 
clear Non-Prolif eration Act of 1978, establish orderly and 
expeditious procedures, including provision for neces- 
sary administrative actions and inter-agency memoranda 
of understanding, which are mutually agreeable to the 

55 Public Law 91-560 (84 Stat 1472) (1970), sec. 2, added "section 103 
or" to this sentence. 

68 Public Law 88-489 (78 Stat. 602) (1964), sec. 11 amended sec. 56 by 
substituting a new sec. 56. Before amendment sec. 56 read as follows : 

"Sec. 56. Pair Price. — In determining the fair price to be paid by 
the Commission pursuant to section 52 for the production of any special 
nuclear material, the Commission shall take into consideration the value 
of the special nuclear material for its intended use by the United States 
and may give such weight to the actual cost of producing that material as 
the Commission finds to be equitable. The fair price, as may be deter- 
mined by the Commission, shall apply to all licensed producers of the 
same material : Provided, however, That the Commission may establish 
guaranteed fair prices for all special nuclear material delivered to the 
Commission for such period of time as It may deem necessary but not 
to exceed seven years." 



30 



Standards and 
criteria. 



Trade secrets, 
protection. 



42 U.S. C. 2014. 
Post, pp. 131, 
141. 



42 U.S.C. 7172. 



42 U.S.C. 2074, 

2094. 

Ante, p. 125. 



Secretaries of State, Defense, and Commerce, the Direc- 
tor of the Arms Control and Disarmament Agency, and 
the Nuclear Regulatory Commission for the consideration 
of requests for authorization under this subsection. Such 
procedures shall include, at a minimum, explicit direction 
on the handling of such requests, express deadlines for 
the solicitation and collection of the views of the consulted 
agencies (with identified officials responsible for meeting 
such deadlines), an interagency coordinating authority 
to monitor the processing of such requests, predetermined 
procedures for the expeditious handling of intra-agency 
and inter-agency disagreements and appeals to higher 
authorities, frequent meetings of inter-agency adminis- 
trative coordinators to review the status of all pending 
requests, and similar administrative mechanisms. To the 
extent practicable, an applicant should be advised of all 
the information required of the applicant for the entire 
process for every agency's needs at the beginning of the 
process. Potentially controversial requests should be 
identified as quickly as possible so that any required 
policy decisions or diplomatic consultations can be ini- 
tiated in a timely manner. An immediate effort should 
be undertaken to establish quickly any necessary stand- 
ards and criteria, including the nature of only required 
assurances or evidentiary showings, for the decision re- 
quired under this subsection. The processing of any re- 
quest proposed and filed as of the date of enactment of 
the Nuclear Non-Proliferation Act of 1978 shall not be 
delayed pending the development and establishment of 
procedures to implement the requirements of this sub- 
section. Any trade secrets or proprietary information 
submitted by any person seeking an authorization under 
this subsection shall be afforded the maximum degree of 
protection allowable by law: Provided further, That the 
export of component parts as defined in subsection 11 v. 
(2) or 11 cc. (2) shall be governed by sections 109 and 
126 of this Act : Provided further, That notwithstanding 
subsection 402(d) of the Department of Energy Orga- 
nization Act (Public Law 95-91), the Secretary of 
Energy and not the Federal Energy Regulatory Com- 
mission, shall have sole jurisdiction within the Depart- 
ment of Energy over any matter arising from any func- 
tion of the Secretary of Energy in this section, section 
51 d., section 64, or section 111 b. 57 
"c. The Commission shall not — 

"(1) distribute any special nuclear material to 
any person for a use which is not under the jurisdic- 



B " Public Law 95-242 (92 Stat. 126) (1978), sec. 302. amended sec. 57 
by substituting a complete new subsec. 57(b). Before amendment, subsec. 
57(b) read as follows: "b. It sball be unlawful for any person to directly 
or indirectly engage in the production of any special nuclear material out- 
side of the United States except (1) under an agreement for cooperation 
made pursuant to section 123, or (2) upon authorization by the Commis- 
sion after a determination that such activity will not be inimical to the 
interest of the United States." 



31 



exemptions. 



tion of the United States except pursuant to the pro- 
visions of section 54; or 

"(2) distribute any special nuclear material or 
issue a license pursuant to section 53 to any person 
within the United States if the Commission finds 
that the distribution of such special nuclear material 
or the issuance of such license would be inimical to 
the common defense and security or would constitute 
an unreasonable risk to the health and safety of the 
public. 
"d. The Commission is authorized to establish classes Ce^S 
of special nuclear material and to exempt certain classes 
or quantities of special nuclear material or kinds of uses 
or users from the requirements for a license set forth in 
this section when it makes a finding that the exemption 
of such classes or quantities of special nuclear material 
or such kinds of uses or users would not be inimical to 
the common defense and security and would not consti- 
tute an unreasonable risk to the health and safety of the 
public. 58 

"Sec. 58. Review. — Before the Commission establishes 
any guaranteed purchase price or guaranteed purchase 42 u.s'.c 
price period in accordance with the provisions of section 8ec * 2078 
56, or establishes any criteria for the waiver of any charge 
for the use of special nuclear material licensed and dis- 
tributed under section 53, the proposed guaranteed pur- 
chase price, guaranteed purchase price period, or criteria 
for the waiver of such charge shall be submitted to the 
Joint Committee and a period of forty-five days shall 
elapse while Congress is in session (in computing such 
forty-five days there shall be excluded the days in which 
either House is not in session because of adjournment for 
more than three days) : Provided, however, That the 
Joint Committee, after having received the proposed 
guaranteed purchase price, guaranteed purchase price 
period, or criteria for the waiver of such charge, may by 



Congressional 
review. 



58 Section 3 of Public Law 93-377 (SS Stat. 475) (1974) added new 
Bubsec. d to sec. 57. Previously Public Law 88-489 (78 Stat. 602) (1964), 
sec. 12, amended sec. 57 by substituting a complete new sec. 57. Before 
amendment sec. 57 read as follows : 
"Sec. 57. Prohibition. — 
"a. It shall be unlawful for any person to — 

"(1) possess or transfer any special nuclear material which is 
the property of the United States except as authorized by the Com- 
mission pursuant to subsection 53 a. ; 

"(2) transfer or receive any special nuclear material in inter- 
state commerce except as authorized by the Commission pursuant 
to subsection 53 a., or export from or import Into the United States 
any special nuclear material ; and 

"(3) directly or indirectly engage in the production of any special 
nuclear material outside of the United States except (A) under an 
agreement for cooperation made pursuant to section 123, or (B) upon 
authorization by the Commission after a determination that such 
activity will not be inimical to the interest of the United States. 
"b. The Commission shall not distribute any special nuclear material — 
,v (l) to any person for a use which is not under the jurisdiction 
of the United States except pursuant to the provisions of section 
54 ; or 

"(2) to any person within the United States, If the Commission 
finds that the distribution of such special nuclear material to such 
person would be inimical to the common defense and security." 



32 

resolution in writing waive the conditions of, or all or 

any portion of, such forty-five day period. 59 60 

"CHAPTER 7. SOURCE MATERIAL 



Source 
material. 
42 U.S.C. 
Bee. 2091. 



Submittal of 
determination 
to Joint Com- 
mittee. 



License for 
transfers 
required. 
42 U.S.C. 
eec. 2092. 



Domestic 
distribution 
of source 
material. 
42 U.S.C. 
sec. 2093. 



"Sec. 61. Source Material. — The Commission may 
determine from time to time that other material is source 
material in addition to those specified in the definition 
of source material. Before making such determination, 
the Commission must find that such material is essential 
to the production of special nuclear material and must 
find that the determination that such material is source 
material is in the interest of the common defense and 
security, and the President must have expressly assented 
in writing to the determination. The Commission's de- 
termination, together with the assent of the President, 
shall be submitted to the Joint Committee* and a period 
of thirty days shall elapse while Congress is in session 
(in computing such thirty days, there shall be excluded 
the days on which either House is not in session because 
of an adjournment of more than three days) before the 
determination of the Commission may become effective : 
Provided, however, That the Joint Committee, after 
having received such determination, may by resolution 
in writing waive the conditions of or all or any portion of 
such thirty-day period. 

"Sec. 62. License for Transfers Required. — Unless 
authorized by a general or specific license issued by the 
Commission, which the Commission is hereby authorized 
to issue, no person may transfer or receive in interstate 
commerce, transfer, deliver, receive possession of or title 
to, or import into or export from the United States any 
source material after removal from its place of deposit in 
nature, except that licenses shall not be required for 
quantities of source material which, in the opinion of the 
Commission, are unimportant. 

"Sec. 63. Domestic Distribution of Source Mate- 
rival. — 

"a. The Commission is authorized to issue licenses 
for and to distribute source material within the United 
States to qualified applicants requesting such material — 

69 Public Law 85-79 (71 Stat. 274) (1957), added sec. 58. See footnote 
60. 

60 Public Law 88-489 (78 Stat. 602) (1964), sec. 13, amended sec. 58 
by substituting a complete new sec. 58. Before amendment sec. 58 read as 
follows : 

"Sec. 58. Review. — Before the Commission establishes any fair price 
or guaranteed fair price period in accordance with the provisions of 
section 56, or establishes any criteria for the waiver of any charge for 
the use of special nuclear material licensed or distributed under section 53 
the proposed fair price, guaranteed fair price period, or criteria for the 
waiver of such charge shall be submitted to the Joint Committee, and a 
period of forty-five days shall elapse while Congress is in session (in 
computing such forty-five days there shall be excluded the days in which 
either House is not in session because of adjournment for more than three 
days) : Provided, however, That the Joint Committee, after having re- 
ceived the proposed fair price, guaranteed fair prices period, or criteria 
for the waiver of such charge, may by resolution waive the conditions of 
or all or any portion of such forty-five day period." 

*See Public Law 95-110, sec. 301b, page 141. 



33 



"(1) for the conduct of research and development 
activities of the types specified in section 31 ; 

" (2) for use in the conduct of research and devel- 
opment activities or in medical therapy under a li- 
cense issued pursuant to section 104 ; 

"(3) for use under a license issued pursuant to 
section 103 ; or 

"(4) for any other use approved by the Commis- Charges, 
sion as an aid to science or industry, 
"b. The Commission shall establish, by rule, minimum 
criteria for the issuance of specific or general licenses 
for the distribution of source material depending upon 
the degree of importance to the common defense and 
security or to the health and safety of the public of — 
"(1) the physical characteristics of the source 
material to be distributed ; 

"(2) the quantities of source material to be dis- 
tributed; and 

"(3) the intended use of the source material to be 
distributed, 
"c. The Commission may make a reasonable charge 
determined pursuant to subsection 161 m. for the source 
material licensed and distributed under subsection 63 a. 
(1), subsection 63 a. (2), or subsection 63 a. (4), and 
shall make a reasonable charge determined pursuant to 
subsection 161 m., for the source material licensed and 
distributed under subsection 63 a. (3). The Commis- 
sion shall establish criteria in writing for the determina- 
tion of whether a charge will be made for the source 
material licensed and distributed under subsection 63 a. 
(1), subsection 63 a. (2), or subsection 63 a. (4), con- 
sidering, among other things, whether the license is a 
nonprofit or eleemosynary institution and the purposes 
for which the source material will be used. 

"Sec. 64. Foreign Distribution or Source Mate- 
rial. — The Commission is authorized to cooperate with 
any nation by distributing source material and to dis- 
tribute source material pursuant to the terms of an agree- 
ment for cooperation to which such nation is a party and 
which is made in accordance with section 123. The Com- 
mission is also authorized to distribute source material 
outside of the United States upon a determination by the 
Commission that such activity will not be inimical to the 
interests of the United States. The authority to distribute 42 u.s.c. 2094. 
source material under this section other than under an 
export license granted by the Nuclear Regulatory Com- 
mission shall in no case extend to quantities of source 
material in excess of three metric tons per year per 
recipient. 61 

"Sec. 65. Reporting. — The Commission is authorized 
to issue such rules, regulations, or orders requiring re- 



Forelen 
distribution 
of source 
material. 
42 U.S.C. 
sec. 2094. 



Reporting. 
42 U.S.C. 
sec. 2095. 



« Public Law 95-242 (92 Stat. 125) (1978), sec. 301(b), amended sec. 
64 by adding tbe last sentence. 



34 



Acquisition. 
42 U.S.C. 
•ec. 2096. 



41 U.S.C. 

252(c). 

(See 41 U.S.C. 

260(b).) 



Operations on 
lands belonging 
to the United 
States. 
42 U.S.C. 
sec. 2097. 



Public and 
acquired lands. 
42 U.S.C. 
sec. 2098. 



ports of ownership, possession, extraction, refining, ship- 
ment, or other handling of source material as it may deem 
necessary, except that such reports shall not be required 
with respect to (a) any source material prior to removal 
from its place of deposit in nature, or (b) quantities of 
source material which in the opinion of the Commission 
are unimportant or the reporting of which will discour- 
age independent prospecting for new deposits. 

"Sec. 66. Acquisition. — The Commission is author- 
ized and directed, to the extent it deems necessary to 
effectuate the provisions of this Act — 

"a. to purchase, take, requisition, condemn, or 
otherwise acquire supplies of source material; 

"b. to purchase, condemn, or otherwise acquire 
any interest in real property containing deposits of 
source material; and 

"c. to purchase, condemn, or otherwise acquire 
rights to enter upon any real property deemed by the 
Commission to have possibilities of containing de- 
posits of source material in order to conduct pros- 
pecting and exploratory operations for such de- 
posits. 
Any purchase made under this section may be made with- 
out regard to the provisions of section 3709 of the Ee- 
vised Statutes, as amended, upon certification by the 
Commission that such action is necessary in the interest 
of the common defense and security, or upon a showing 
by the Commission that advertising is not reasonably 
practicable. Partial and advanced payments may be made 
under contracts for such purposes. The Commission may 
establish guaranteed prices for all source material de- 
livered to it within a specified time. Just compensation 
shall be made for any right, property, or interest in 
property taken, requisitioned, condemned, or otherwise 
acquired under this section. 

"Sec. 67. Operations on Lands Belonging to the 
United States. — The Commission is authorized^ to the 
extent it deems necessary to effectuate the provisions of 
this Act, to issue leases or permits for prospecting for, 
exploration for, mining of, or removal of deposits of 
source material in lands belonging to the United States : 
Provided ', however, That notwithstanding any other pro- 
visions of law, such leases or permits may be issued for 
lands administered for national park, monument, and 
wildlife purposes only when the President by Executive 
Order declares that the requirements of the common de- 
fense and security make such action necessary. 
"Sec. 68. Public and Acquired Lands. — 62 
"a. No individual, corporation, partnership, or associa- 
tion, which had any part, directly or indirectly, in the 
development of the atomic energy program, may benefit 



02 Public Law 85-681 (72 Stat. G32) (1958), sec. 3, amended the title 
to sec. 68. Before amendment It read "Public Lands." 



35 

by any location, entry, or settlement upon the public do- 
main made after such individual, corporation, partner- 
ship, or association took part in such project, if such in- 
dividual, corporation, partnership, or association, by rea- 
son of having had such part in the development of the 
atomic energy program, acquired confidential official in- 
formation as to the existence of deposits of such uranium, 
thorium, or other materials in the specific lands upon 
which such location, entry, or settlement is made, and 
subsequent to the date of the enactment of this Act made 
such location, entry, or settlement or caused the same to 
be made for his, or its, or their benefit. 

"b. Any reservation of radioactive mineral substances, f*M*** t f* D 
fissionable materials, or source material, together with 
the right to enter upon the land and prospect for, mine, 
and remove the same, inserted pursuant to Executive 
Order 9613 of September 13, 1945, Executive Order 9701 
of March 4, 1946, the Atomic Energy Act of 1946, or 
Executive Order 9908 of December 5, 1947, in any patent, 
conveyance, lease, permit, or other authorization or in- 
strument disposing of any interest in public or acquired 
lands of the United States, is hereby released, remised, 
and quitclaimed to the person or persons entitled upon 
the date of this Act under the grant from the United 
States or successive grants to the ownership, occupancy, 
or use of the land under applicable Federal or State 
laws: Provided, however, That in cases where any such 
reservation on acquired lands of the United States has 
been heretofore released, remised, or quitclaimed subse- 
quent to August 12, 1954, in reliance upon authority 
deemed to have been contained in the Atomic Energy 
Act of 1946, as amended, or the Atomic Energy Act of 
1954, as heretofore amended, the same shall be valid and 
effective in all respects to the same extent as if public 
lands and not acquired lands had been involved. The 
foregoing release shall be subject to any rights which 
may have been granted by the United States pursuant to 
any such reservation, but the releases shall be subrogated 
to the rights of the United States. 63 

"c. Notwithstanding the provisions of the Atomic En- 60 stat 775. 
ergy Act of 1946, as amended, and particularly section 5 
(b) (7) thereof, 64 or the provisions of the Act of August 

63 Public Law 85-681 (72 Stat. 632) (1958), sec. 3, amended sec. 68 
by substituting a new subsec. b. Before amendment subsec. b. read as 
follows : 

"b. In cases where any patent, conveyance, lease, permit, or other 
authorization has been issued, which reserved to the United States 
source materials and the right to enter upon the land and prospect for, 
mine, and remove the same, the head of the Government agency which 
issued the patent, conveyance, lease, permit, or other authorization shall, 
on application of the hoJuer thereof, issue a new or supplemental patent, 
conveyance, lease, permit, or other authorisation without such reserva- 
tion. If any rights have been granted by the United States pursuant 
to any such reservation then such patent shall be made subject to those 
rights, but the patentee shall be subrogated to the rights of the United 
States." 

64 See Atomic Energy Act of 1946, appendix B, infra, sec. 5(b)(7). 



36 



;.s.c. 

501-505, 503. 



Prohibition. 
42 U.S.C. 
■ec. 2099. 



Domestic 
distribution. 
42 U.S.C. 
sec. 2111. 



12, 1953 (67 Stat. 539), and particularly section 3 there- 
of, any mining claim, heretofore located under the min- 
ing laws of the United States, for or based upon a dis- 
covery of a mineral deposit which is a source material 
and which, except for the possible contrary construction 
of said Atomic Energy Act, would have oeen locatable 
under such mining laws, shall, insofar as adversely af- 
fected by such possible contrary construction, be valid 
and effective, in all respects to the same extent as if said 
mineral deposit were a locatable mineral deposit other 
than a source material. 

"Sec. 69. Prohibition. — The Commission shall not li- 
cense any person to transfer or deliver, receive possession 
of or title to, or import into or export from the United 
States any source material if, in the opinion of the Com- 
mission, the issuance of a license to such person for such 
purpose would be inimical to the common defense and 
security or the health and safety of the public. 

"CHAPTER 8. BYPRODUCT MATERIAL 

"Sec. 81. Domestic Distribution. — No person may 
transfer or receive in interstate commerce, manufacture, 
produce, transfer, acquire, own, possess, import, or 
export any byproduct material, except to the extent 
authorized by this section, section 82 or section 84. 65 The 
Commission is authorized to issue general or specific li- 
censes to applicants seeking to use byproduct material 
for research or development purposes, for medical 
therapy, industrial uses, agricultural uses, or such other 
useful applications as may be developed. The Commis- 
sion may distribute, sell, loan, or lease such byproduct 
material as it owns to qualified applicants 66 with or 
without charge : Provided, however, That, for byproduct 
material to be distributed by the Commission for a 
charge, the Commission shall establish prices on such 
equitable basis as, in the opinion of the Commission, (a) 
will provide reasonable compensation to the Government 
for such material, (b) will not discourage the use of such 
material or the development of sources of supply of such 
material independent of the Commission, and (c) will 
encourage research and development. In distributing 
such material, the Commission shall give preference to 



^Public Law 95-604 (92 Stat. 3039) (1978), sec. 205(b), amended the 
first sentence of sec. 81. Before amendment it read as follows : "No person 
may transfer or receive in interstate commerce, manufacture, produce 
transfer, acquire, own, possess, import, or export any byproduct material, 
except to the extent authorized bv this section or by section 82." 

66 Sec. 4 of Public Law 93-377 (88 Stat. 475) (1974) changed the word 
"licensees" to "qualified applicants" and deleted the following sentence, 
which was previously the fifth sentence of sec. 81 : 

"Licensees of the Commission may distribute byproduct material only 
to applicants therefor who are licensed by the Commission to receive such 
byproduct material." 



37 



Foreign dis- 
tribution of 
byproduct 
material. 
42 U.S.C. 



applicants proposing to use such material either in the 
conduct of research and development or in medical 
therapy. The Commission shall not permit the distribu- 
tion of any byproduct material to any licensee, and shall 
recall or order the recall of any distributed material from 
any licensee, who is not equipped to observe or who fails 
to observe such safety standards to protect health as may 
be established by the Commission or who uses such ma- 
terial in violation of law or regulation of the Commis- 
sion or in a manner other than as disclosed in the appli- 
cation therefor or approved by the Commission. The 
Commission is authorized to establish classes of byprod- 
uct material and to exempt certain classes or quantities 
of material or kinds of uses or users from the require- 
ments for a license set forth in this section when it makes 
a finding that the exemption of such classes or quantities 
of such material or such kinds of uses or users will not 
constitute an unreasonable risk to the common defense 
and security and to the health and safety of the public. 

"Sec. 82. Foreign Distribution of Byproduct Mate- 
rial. — 

"a. The Commission is authorized to cooperate with 
any nation by distributing byproduct material, and to sec. 2112 
distribute byproduct material, pursuant to the terms of 
an agreement for cooperation to which such nation is 
party and which is made in accordance with section 123. 

"b. The Commission is also authorized to distribute 
byproduct material to any person outside the United 
States upon application therefor by such person and de- 
mand such charge for such material as would be charged 
for the material if it were distributed within the United 
States: Provided, however, That the Commission shall 
not distribute any such material to any person under this 
section if, in its opinion, such distribution would be in- 
imical to the common defense and security : And provided 
further, That the Commission may require such reports 
regarding the use of material distributed pursuant to 
the provisions of this section as it deems necessary. 

"c. The Commission is authorized to license others to 
distribute byproduct material to any person outside the 
United States under the same conditions, except as to 
charges, as would be applicable if the material were dis- 
tributed by the Commission. 

"Sec. 83. Ownership and Custody of Certain By- 
product Material and Disposable Sites. — 

"a. Any license issued or renewed after the effective 
date of this section under section 62 or section 81 for any 
activity which results in the production of any byproduct 2111! 
material, as defined in section lie. (2) , shall contain terms 
and conditions as the Commission determines to be neces- 
sary to assure that, prior to termination of such license — 



42U.S.C 2113. 



42 U.S.C. 2002. 



S.C. 2014. 



38 

"(1) the licensee will comply with decontamina- 
tion, decommissioning, and reclamation standards 
prescribed by the Commission for sites (A) at which 
ores were processed primarily for their source ma- 
terial content and (B) at which such byproduct ma- 
terial is deposited, and 
42 u.s.c. 2014. "(2) ownership of any byproduct material, as de- 

fined in section 11 e. (2), which resulted from such 
licensed activity shall be transferred to (A) the 
United States or (B) in the State in which such 
activity occurred if such State exercises the option 
under subsection b. (1) to acquire land used for the 
disposal of byproduct material. 
Any license in effect on the date of the enactment of this 
section shall either contain such terms and conditions on 
renewal thereof after the effective date of this section, or 
comply with paragraphs (1) and (2) upon the termina- 
tion of such license, whichever first occurs. 
or Ul ordlr. ulatl ° n U ( b )( 1 )( A ) The Commission shall require by rule, 
regulation, or order that prior to the termination of any 
license which is issued after the effective date of this sec- 
tion, title to the land, including any interests therein 
(other than land owned by the United States or by a 
State) which is used for the disposal of any byproduct 
material, as defined by section 11 e. (2), pursuant to such 
license shall be transferred to — 
"(A) the United States, or 

"(B) the State in which such land is located, at 
the option of such State. 
"(2) Unless the Commission determines prior to such 
termination that transfer of title to such land and such 
byproduct material is not necessary or desirable to protect 
the public health, safety, or welfare or to minimize or 
eliminate danger to life or property. Such determination 
shall be made in accordance with section 181 of this Act. 
Notwithstanding any other provision of law or any such 
determination, such property and materials shall be main- 
tained pursuant to a license issued by the Commission 
pursuant to section 84(b) in such manner as will protect 
the public health, safety, and the environment. 

"(B) If the Commission determines by order that use 
of the surface or subsurface estates, or both, of the land 
transferred to the United States or to a State under sub- 
paragraph (A) would not endanger the public health, 
safety, welfare, or environment, the Commission, pur- 
suant to such regulations as it may prescribe, shall per- 
mit the use of the surface or subsurface estates, or both, 
of such land in a manner consistent with the provisions of 
this section. If the Commission permits such use of such 
land, it shall provide the person who transferred such 
land with the right of first refusal with respect to such 
use of such land. 



39 

"(2) If transfer to the United States of title to such 
byproduct material and such land is required under this 
section, the Secretary of Energy or any Federal agency 
designated by the President shall, following the Commis- 
sion's determination of compliance under subsection c, 
assume title and custody of such byproduct material and 
land transferred as provided in this subsection. Such 
Secretary or Federal agency shall maintain such material 
and land in such manner as will protect the public health 
and safety and the environment. Such custody may be 
transferred to another officer or instrumentality of the 
United States only upon approval of the President. 

"(3) If transfer to a State of title to such byproduct 
material is required in accordance with this subsection, 
such State shall, following the Commission's determina- 
tion of compliance under subsection d.. assume title and 
custody of such byproduct material and land transferred 
as provided in this subsection. Such State shall maintain 
such material and land in such manner as will protect the 
public health, safety, and the environment. 

"(4) In the case of any such license under section 62, 42U.S.C. 2092. 
which was in effect on the effective date of this section, the 
Commission may require, before the termination of such 
license, such transfer of land and interests therein (as de- 
scribed in paragraph (1) of this subsection) to the United 
States or a State in which land is located, at the option of 
such State, as may be necessary to protect the public 
health, welfare, and the environment from any effects 
associated with such byproduct material. In exercising 
the authority of this paragraph, the Commission shall 
take into consideration the status of the ownership of 
such land and interests therein and the ability of the li- 
censee to transfer title and custody thereof to the United 
States or a State. 

"(5) The Commission may, pursuant to a license, or 
by rule or order, require the Secretary or other Federal 
agency or State having custody of such property and ma- 
terials to undertake such monitoring, maintenance, and 
emergency measures as are necessary to protect the public 
health and safety and such other actions as the Commis- 
sion deems necessary to comply with the standards pro- 
mulgated pursuant to section 84 of this Act, The Secre- 
tary or such other Federal agency is authorized to carry Post, p. 3039. 
out maintenance, monitoring, and emergency measures, 
but shall take no other action pursuant to such license, 
rule or order, with respect to such property and materials 
unless expressly authorized by Congress after the date of 
enactment of this Act. 

b "(6) The transfer of title to land or byproduct mate- 
rials, as defined in section 11 e. (2), to a State or the 
United States pursuant to this subsection shall not relieve 42 u.s.c. 2014. 
any licensee of liability for any fraudulent or negligent 
acts done prior to such transfer. 



40 

"(7) Material and land transferred to the United 
States or a State in accordance with this subsection shall 
be transferred without cost to the United States or a State 
(other than administrative and legal costs incurred in 
carrying out such transfer). Subject to the provisions of 
paragraph (1) (B) of this subsection, the United States 
or a State shall not transfer title to material or property 
acquired under this subsection to any person, unless such 
transfer is in the same manner as provided under section 
104(h) of the Uranium Mill Tailings Radiation Control 
Act of 1978. 

" (8) The provisions of this subsection respecting trans- 
fer of title and custody to land shall not apply in the 
case of ]ands held in trust by the United States for any 
Indian tribe or lands owned by such Indian tribe sub- 
ject to a restriction against alienation imposed by the 
United States. In the case of such lands which are used for 
the disposal of byproduct material, as defined in section 
11 e. (2), the licensee shall be required to enter into such 
arrangements with the Commission as may be appropri- 
ate to assure the long-term maintenance and monitoring 
of such lands by the United States. 

"c. Upon termination on any license to which this sec- 
tion applies, the Commission shall determine whether 
or not the licensee has complied with all applicable stand- 
ards and requirements under such license. 67 
42U.S.C. 2ii4. "Sec. 84. Authorities of Commission Respecting 
Certain Byproduct Material. — 

"a. The Commission shall insure that the management 
42 u.s.c. 2014. of any byproduct material, as defined in section 11 e. (2) , 
is carried out in such manner as — 

"(1) the Commission deems appropriate to pro- 
tect the public health and safety and the environ- 
ment from radiological and nonradiological hazards 
associated with the processing and with the posses- 
sion and transfer of such material, 

"(2) conforms with applicable general standards 
promulgated by the Administrator of the Environ- 
infra. mental Protection Agency under section 275. and 

"(3) conforms to general requirements estab- 
lished by the Commission, with the concurrence of 
the Administrator, which are, to the maximum 
extent practicable, at least comparable to require- 
ments applicable to the possession, transfer, and 
disposal of similar hazardous material regulated by 
the Administrator under the Solid Waste Disposal 
Act, as amended. 
note.' S ' C ' 6901 ' " D * In carrying out its authority under this section, 
Rule, the Commission is authorized to — 

regulation 
or order. 



« Public Law 95-604 (92 Stat. 3033) (1978), sec. 202(a), added 
sec. 83. 



Ante, p. 3033. 
42 U.S.C. 22S2. 



41 

"(1) by rule, regulation, or order require persons, 
officers, or instrumentalities exempted from licens- 
ing under section 81 of this Act to conduct monitor- 42 u.s.c. 2111 
ing, perform remedial work, and to comply with 
such other measures as it may deem necessary or 
desirable to protect health or to minimize danger to 
life or property, and in connection with the disposal 
or storage of such byproduct material ; and 

"(2) make such 'studies and inspections and to 
conduct such monitoring as may be necessary. 
Any violation by any person other than the United States Civil penalty. 
or any officer or employee of the United States or a State 
of any rule, regulation, or order or licensing provision, 
of the Commission established under this section or sec- 
tion 83 shall be subject to a civil penalty in the same 
manner and in the same amount as violations subject to 
a civil penalty under section 234. Nothing in this section 
affects any authority of the Commission under any other 
provisions of this Act. 68 

"CHAPTER 9. MILITARY APPLICATION OF 
ATOMIC ENERGY 

"Sec, 91. Authority.— « uSx?" 

"a. The Commission is authorized to — sec. 2121. 

"(1) conduct experiments and do research and 
development work in the military application of 
atomic energy ; and 

"(2) engage in the production of atomic weapons, 
or atomic weapon parts, except that such activities 
shall be carried on only to the extent that the express 
consent and direction of the President of the United 
States has been obtained, which consent and direc- 
tion shall be obtained at least once each year. 
"b. The President from time to time may direct the 
Commission (1) to deliver such quantities of special 
nuclear material or atomic weapons to the Department 
of Defense for such use as he deems necessary in the in- 
terest of national defense, or (2) to authorize the Depart- 
ment of Defense to manufacture, produce, or acquire any 
atomic weapon or utilization facility for military pur- 
poses : Provided, however, That such authorization shall 
not extend to the production of special nuclear material 
other than that incidental to the operation of such utiliza- 
tion facilities. 

"c. The President may authorize the Commission or 
the Department of Defense, with the assistance of the 
other, to cooperate with another nation and, notwith- 
standing the provisions of section 57, 62, or 81, to trans- 
fer by sale, lease, or loan to that nation, in accordance 

88 Public Law 95-604 (92 Stat. 3039) (1978), sec. 205(a), added sec. 84. 
38-938 — 79 i 



42 

with terms and conditions of a program approved by the 
President — 

"(1) nonnuclear parts of atomic weapons pro- 
vided that such nation has made substantial prog- 
ress in the development of atomic weapons, and 
other nonnuclear parts of atomic weapons systems 
involving Restricted Data provided that such trans- 
fer will not contribute significantly to that nation's 
atomic weapon design, development, or fabrication 
capability; for the purpose of improving that na- 
tion's state of training and operational readiness; 
"(2) utilization facilities for military applica- 
tions; and 

"(3) source, byproduct, or special nuclear ma- 
terial for research on, development of, production of, 
or use in utilization facilities for military applica- 
tions; and 

"(4) source, byproduct, or special nuclear ma- 
terial for research on, development of, or use in 
atomic weapons : Provided, however, That the trans- 
fer of such material to that nation is necessary to 
improve its atomic weapon design, development, or 
fabrication capability : And provided further, That 
such nation has made substantial progress in the 
development of atomic weapons, 
whenever the President determines that the proposed 
cooperation and each proposed transfer arrangement for 
the nonnuclear parts of atomic weapons and atomic 
weapons systems, utilization facilities or source, byprod- 
uct, or special nuclear material will promote and will 
not constitute an unreasonable risk to the common de- 
fense and security, while such other nation is participat- 
ing with the United States pursuant to an international 
arrangement by substantial and material contributions 
to the mutual defense and security : Provided, however, 
That the cooperation is undertaken pursuant to an agree- 
ment entered into in accordance with section 123 : And 
provided further, That if an agreement for coopera- 
tion arranged pursuant to this subsection provides for 
transfer of utilization facilities for military applications 
the Commission, or the Department of Defense with re- 
spect to cooperation it has been authorized to undertake, 
may authorize any person to transfer such utilization 
facilities for military applications in accordance with 
the terms and conditions of this subsection and of the 
agreement for cooperation. 09 
42°u!s!a m ' "Sec. 92. Prohibition. — It shall be unlawful, except 

sec. 2122. as provided in section 91, for any person to transfer or 

receive in interstate or foreign commerce, manufacture, 
produce, transfer, acquire, possess, import, or export any 

68 Public Law 85-479 (72 Stat. 276) (1958), sec. 1, added subsec. c to 
sec. 91. 



43 



atomic weapon. Nothing in this section shall be deemed 
to modify the provisions of subsection 31 a. or section 
101. 70 



"CHAPTER 10. ATOMIC ENERGY LICENSES 

"Sec. 101. License Required. — It shall be unlawful, 
except as provided in section 91, for any person within 
the United States to transfer or receive in interstate 
commerce, manufacture, produce, transfer, acquire, pos- 
sess, use, 71 import, or export and utilization or production 
facility except under and in accordance with a license 
issued by the Commission pursuant to section 103 or 104. 

"Sec. 102. Utilization and Production Facilities for 
Industrial or Commercial Purposes. — 

"a. Except as provided in subsections b. and c, or other- 
wise specifically authorized by law, any license hereafter 
issued for a utilization or production facility for indus- 
trial or commercial purposes shall be issued pursuant to 
section 103. 

"b. Any license hereafter issued for a utilization or 
production facility for industrial or comercial pur- 
poses, the construction or operation of which was licensed 
pursuant to subsection 104 b. prior to enactment into law 
of this subsection, shall be issued under subsection 104 b. 

"c. Any license for a utilization or production facility 
for industrial or commercial purposes constructed or 
operated under an arrangement with the Commission 
entered into under the Cooperative Power Reactor 
Demonstration Program shall, except as otherwise 
specifically required by applicable law, be issued under 
subsection 104 b. 72 

"Sec. 103. Commercial Licenses. — 

"a. The Commission is authorized to issue licenses to 
persons applying therefore to transfer or receive in inter- 
state commerce, manufacture, produce, transfer, acquire, 
possess, use, 73 import, or export under the terms of an 
agreement for cooperation arranged pursuant to section 
123, utilization or production facilities for industrial or 



License 
required. 
42 U.S.C 
sec. 2131. 



42 U.S.C 
sec. 2132. 



Commercial 
licenses. 
42 U.S.C. 
sec. 2133. 



™ Public Law 85-479 (72 Stat. 276) (1958). sec. 2, amended sec. 92 by 
substituting a complete new sec. 92. Before amendment sec. 92 read as 
follows : 

"Sec. 92. Prohibition. — It shall be unlawful for any person to transfer 
or receive in interstate commerce, manufacture, produce, transfer, acquire, 
possess, import, or export any atomic weapon, except as may be authorized 
by the Commission pursuant to the provisions of section 91. Nothing in 
this section shall be deemed to modify the provisions of subsection 31 a. 
or section 101." 

71 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 11, added the word 
"use.". 

72 Public Law 91-560 (84 Stat. 1472) (1970), sec. 3, amended sec. 102, 
prior to amendment it read as follows : 

"Sec. 102. Finding of Practical Value. — Whenever the Commission 
has made a finding in writing that any type of utilization or production 
facility has been sufficiently developed to be of practical value for indus- 
trial or commercial purposes, the Commission may thereafter issue licenses 
for such type of facility pursuant to section 103." 

73 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 12, added the word 



44 



Medical 
therapy and 
research and 
development. 
42 U.S.C. 
sec. 2134. 



commercial purposes. 74 Such licenses shall be issued in 
accordance with the provisions of chapter 16 and subject 
to such conditions as the Commission may by rule or reg- 
ulation establish to effectuate the purposes and provi- 
sions of this Act. 

"b. The Commission shall issue such licenses on a non- 
exclusive basis to persons applying therefor (1) whose 
proposed activities will serve a useful purpose propor- 
tionate to the quantities of special nuclear material or 
source material to be utilized; (2) who are equipped to 
observe and who agree to observe such safety standards 
to protect health and to minimize danger to life or prop- 
erty as the Commission may by rule establish; and (3) 
who agree to make available to the Commission such 
technical information and data concerning activities un- 
der such licenses as the Commission may determine nec- 
essary to promote the common defense and security and 
to protect the health and safety of the public. All such 
information may be used by the Commission only for the 
purposes of the common defense and security and to pro- 
tect the health and safety of the public. 

"c. Each such license shall be issued for a specified 
period, as determined by the Commission, depending on 
the type of activity to be licensed, but not exceeding 
forty years, and may be renewed upon the expiration of 
such period. 

"d. No license under this section may be given to any 
person for activities which are not under or within the 
jurisdiction of the United States, except for the export 
of production or utilization facilities under terms of an 
agreement for cooperation arranged pursuant to section 
123, or except under the provisions of section 109. No li- 
cense may be issued to an alien or any 75 corporation 
or other entity if the Commission knows or has reason to 
believe it is owned, controlled, or dominated by an alien, a 
foreign corporation, or a foreign government. In any 
event, no license may be issued to any person within the 
United States if, in the opinion of the Commission, the 
issuance of a license to such person would be inimical to 
the common defense and security or to the health and 
safety of the public. 

"Sec. 104. Medical Therapy and Kesearch and De- 
velopment. — 

"a. The Commission is authorized to issue licenses to 
persons applying therefor for utilization facilities for 



74 Public Law 91-560 (84 Stat. 1472) (1970). sec. 4, amended the first 
sentence of sec. 103 a. Before amendment It read as follows : 

"Subsequent to a finding by the Commission as required in section 102, 
the Commission may issue licenses to transfer or receive in interstate 
commerce, manufacture, produce, transfer, acquire, possess, use. import, 
or export under the terms of an agreement for cooperation arranged pur- 
suant to section 123. such type of utilization or production facility. " 

75 Put. lie Law 84-lOOC (70 Stat. 1000) (1950). sec. 13. added the words 
"an alien or any" between the words "to" and "any" in the second 
sentence of subsec. 103 d. Addition of the word "any" was, of course,, 
unnecessary. 



45 

use in medical therapy. In issuing such licenses the Com- 
mission is directed to permit the widest amount of effec- 
tive medical therapy possible with the amount of special 
nuclear material available for such purposes and to 
impose the minimum amount of regulation consistent 
with its obligations under this Act to promote the com- 
mon defense and security and to protect the health and 
safety of the public. 

"b. As provided for in subsection 102b. or 102c, or 
where specifically authorized by law ; the Commission is 
authorized to issue licenses under this subsection to per- 
sons applying therefor for utilization and production 
facilities for industrial and commercial purposes. In issu- 
ing licenses under this subsection, the Commission shall 
impose the minimum amount of such regulations and 
terms of license as will permit the Commission to fulfill 
its obligations under this Act. 76 

"c The Commission is authorized to issue licenses to 
persons applying therefor for utilization and production 
facilities useful in the conduct of research and develop- 
ment activities of the types specified in section 31 and 
which are not facilities of the type specified in subsection 
104b. The Commission is directed to impose only such 
minimum amount of regulation of the licensee as the 
Commission finds will permit the Commission to fulfill 
its obligations under this Act to promote the common 
defense and security and to protect the health and safety 
of the public and will permit the conduct of widespread 
and diverse research and development. 

"d. Xo license under this section may be given to any 
person for activities which are not under or within the 
jurisdiction of the United States, except for the export of 
production or utilization facilities under terms of an 
agreement for cooperation arranged pursuant to section 
123 or except under the provisions of section 109. No 
license may be issued to any corporation or other entity 
if the Commission knows or has reason to believe it is 
owned, controlled, or dominated by an alien, a foreign 
corporation, or a foreign government. In any event, no 
license may be issued to any person within the United 
States if, in the opinion of the Commission, the issuance 

• 6 Public Law 91-560 (84 Stat. 1472) (1970), sec. 5. amended subsec. 
104 b. Before amendment it read as follows : 

"b. The Commission is authorized to issue licenses to persons applying 
therefor for utilization and production facilities involved in the conduct 
of research and development activities leading to the demonstration of 
the practical value of such facilities for industrial or commercial pur- 
poses. In issuing licenses under this subsection, the Commission shall 
impose the minimum amount of such regulations and terms of license as 
will permit the Commission to fulfill its obligations under this Act to 
promote the common defense and security and to protect the health and 
safety of the public and will be compatible with the regulations and 
terms of license which would apply in the event that a commercial license 
were later to be issued pursuant to section 103 for that type of facility. 
In issuing such licenses, priority shall be given to those activities which 
will, in the opinion of the Commission, lead to major advances in the 
application of atomic energy for industrial or commercial purposes." 



46 

of a license to such person would be inimical to the com- 
mon defense and security or to the health and safety of 
the public. 

Antitrust "SEC. 105. ANTITRUST PROVISIONS. 

42 u.s c 8 ' " a - Nothing contained in this Act 77 shall relieve any 

sec. 2135. person from the operation of the following Acts, as 

amended, 'An Act to protect trade and commerce against 
unlawful restraints and monopolies' approved July sec- 
ond, eighteen hundred and ninety ; sections seventy-three 
26 stat. 209. to seventy-seven, inclusive, of an Act entitled 'An Act to 
15 u.s.c. 1-7. re d uce taxation, to provide revenue for the Government, 
and for other purposes' approved August twenty-seven, 
eighteen hundred and ninety-four ; 'An Act to supplement 
existing laws against unlawful restraints and monop- 
olies, and for other purposes' approved October fifteen, 
is ijs^r- nineteen hundred and fourteen ; and 'An Act to create 
38 stat. 730. ' a Federal Trade Commission, to define its powers and 
ii-27?44; duties, and for other purposes' approved September 

is u.s.c. 402. twenty-six, nineteen hundred and fourteen. In the event 
53; 38 'stat ' a licensee is found by a court of competent jurisdiction, 
41^49? u ' sc * either in an original action in that court or in a pro- 
ceeding to enforce or review the findings or orders of any 
Government agency having jurisdiction under the laws 
cited above, to have violated any of the provisions of such 
laws in the conduct of the licensed activity, the Commis- 
sion may suspend, revoke, or take such other action as it 
may deem necessary with respect to any license issued 
by the Commission under the provisions of this Act. 

"b. The Commission shall report promptly to the At- 
torney General any information it may have with respect 
to any utilization or special nuclear material or atomic 
energy which appears to violate or to tend toward the 
violation of any of the foregoing Acts, or to restrict free 
competition in private enterprise. 

"c. (1) The Commission shall promptly transmit to the 
Attorney General a copy of any license application pro- 
vided for in paragraph (2) of this subsection, and a copy 
of any written request provided for in paragraph (3) of 
this subsection ; and the Attorney General shall, within a 
reasonable time, but in no event to exceed 180 days after 
receiving a copy of such application or written request, 
render such advice to the Commission as he determines 
to be appropriate in regard to the finding to be made 
by the Commission pursuant to paragraph (5) of this 
subsection. Such advice shall include an explanatory 
statement as to the reasons or basis therefor. 

"(2) Paragraph (1) of this subsection shall apply to 
an application for a license to construct or operate a 
utilization or production facility under section 103 : Pro- 

77 Public Law 88-4S9 (78 Stat. 602) (1964), sec. 14. deleted the phrase 
". including the provisions which vest title to all special nuclear material 
in the United States," which appeared after the word "Act". 



47 

vided, however, That paragraph (1) shall not apply to 
an application for a license to operate a utilization or 
production facility for which a construction permit was 
issued under section 103 unless the Commission deter- 
mines such review is advisable on the ground that sig- 
nificant changes in the licensee's activities or proposed 
activities have occurred subsequent to the previous 
review by the Attorney General and the Commission 
under this subsection in connection with the construction 
permit for the facility. 

"(3) With respect to any Commission permit for the 
construction of a utilization or production facility issued 
pursuant to subsection 104 b. prior to the enactment into 
law of this subsection, any person who intervened or who 
sought by timely written notice to the Commission to 
intervene in the construction permit proceeding for the 
facility to obtain a determination of antitrust considera- 
tions or to advance a jurisdiction basis for such deter- 
mination shall have the right, upon a written request to 
the Commission, to obtain an antitrust review under this 
section of the application for an operating license. Such 
written request shall be made within 25 days after the 
date of initial Commission publication in the Federal 
Register of notice of the filing of an application for an 
operating license for the facility or the date of enactment 
into law of this subsection, whichever is later. 

"(4) Upon the request of the Attorney General, the 
Commission shall furnish or cause to be furnished such 
information as the Attorney General determines to be 
appropriate for the advice called for in paragraph (1) 
of this subsection. 

"(5) Promptly upon receipt of the Attorney General's 
advice, the Commission shall publish the advice in the 
Federal Register. Where the Attorney General advises 
that there may be adverse antitrust aspects and recom- 
mends that there be a hearing, the Attorney General or 
his designee may participate as a party in the proceed- 
ings thereafter held by the Commission on such licens- 
ing matter in connection with the subject matter of his 
advice. The Commission shall give due consideration to 
the advice received from the Attorney General and to 
such evidence as may be provided during the proceedings 
in connection with such subject matter, and shall make a 
finding as to whether the activities under the license 
would create or maintain a situation inconsistent with 
the antitrust laws as specified in subsection 105a. 

" (6) In the event the commission's finding under para- 
graph (5) is in the affirmative, the Commission shall also 
consider, in determining whether the license should be 
issued or continued, such other factors, including the 
need for power in the affected area, as the Commission 
in its judgment deems necessary to protect the public 



48 

interest. On the basis of its findings, the Commission 
shall have the authority to issue or continue a license 
as applied for, to refuse to issue a license, to rescind a 
license or amend it, and to issue a license with such con- 
ditions as it deems appropriate. 

"(7) The Commission, with the approval of the At- 
torney General, may except from any of the requirements 
of this subsection such classes or types of licenses as the 
Commission may determine would not significantly affect 
the applicant's activities under the antitrust laws as 
specified in subsection 105a. 

"(8) With respect to any application for a construc- 
tion permit on file at the time of enactment into law of 
this subsection, which permit would be for issuance under 
section 103, and with respect to any application for an 
operating license in connection with which a written 
request for an antitrust review is made as provided for 
in paragraph (3), the Commission, after consultation 
with the Attorney General, may, upon determination 
that such action is necessary in the public interest to 
avoid unnecessary delay, establish by rule or order 
periods for Commission notification and receipt of ad- 
vice differing from those set forth above and may issue 
a construction permit or operating license in advance of 
consideration of and findings with respect to the matters 
covered in this subsection : Provided* That any construc- 
tion permit or operating license so issued shall contain 
such conditions as the Commission deems appropriate 
to assure that any subsequent findings and orders of the 
Commission with respect to such matters will be given 
full force and effect. 78 
ciagses or "Sec. 106. Classes of Facilities. — The Commission 

^USC- ma F— 

sec. 2136. "a. group the facilities licensed either under sec- 

tion 103 or under section 104 into classes which may 
include either production or utilization facilities or 
both, upon the basis of the similarity of operating 
and technical characteristics of the facilities; 

"b. define the various activities to be carried on 
at each such class of facility ; and 

78 Public Law 91-560 (84 Stat. 1472) (1970). sec. 6, amended subsec. 
105c. Before amendment It read as follows : 

"c. Whenever the Commission proposes to Issue any license to any 
persons under section 103, it shall notify the Attorney General of the 
proposed license and the proposed terms and conditions thereof, except 
such classes or type of licenses, as the Commission, with the approval 
of the Attorney General, may determine would not significantly affect 
the licensee's activities under the antitrust laws as specified in subsection 
150a. Within a reasonable time, in no event to exceed 90 days after 
receiving such notification, the Attorney General shall advise the Com- 
mission whether, insofar as he can determine, the proposed license would 
tend to create or maintain a situation inconsistent with the antitrust 
laws, and such advice shall be published in the Federal Register. Upon 
the request of the Attorney General, the Commission shall furnish or cause 
to be furnished such information as the Attorney General determines to 
be appropriate or necessary to enable him to give the advice called for 
by this section." 



49 



"c. designate the amounts of special nuclear mate- 
rial available for use bv each such facility. 
"Sec. 107. Operators' Licenses.— The Commission 

shall — 

"a. prescribe uniform conditions tor licensing 
individuals as operators of any of the various classes 
of production and utilization facilities licensed in 
this Act ; . . 

"b. determine the qualifications of such individ- 
uals; 

"c. issue licenses to such individuals in such form 
as the Commission may prescribe ; and 

"d. suspend such licenses for violations of any 
provision of this Act or any rule or regulation issued 
thereunder whenever the Commission deems such 
action desirable. 
"Sec. 108. War or National Emergency.— Whenever 
the Congress declares that a state of war or national 
emergency exists, the Commission is authorized to sus- 
pend any licenses granted under this Act if in its judg- 
ment such action is necessary to the common defense and 
security. The Commission is authorized during such 
period, if the Commission finds it necessary to the com- 
mon defense and security, to order the recapture of any 
special nuclear material 79 or to order the operation of 
any facility licensed under section 103 or 104, and is 
authorized to order the entry into any plant or facility in 
order to recapture such material, or to operate such facil- 
ity. Just compensation shall be paid for any damages 
caused by the recapture of any special nuclear material 
or by the operation of any such facility. 

"Sec. 109. Component and Other Parts of Facili- 
ties. — 

"a. With respect to those utilization and production fa- 
cilities which are so determined by the Commission pur- 
suant to subsection 11 v. (2) or 11 cc. (2) the Commission 
may issue general licenses for domestic activities required 
to be licensed under section 101, if the Commission deter- 
mines in writing that such general licensing will not con- 
stitute an unreasonable risk to the common defense and 
security. 

"b. After consulting with the Secretaries of State, 
Energy, and Commerce and the Director, the Commission 
is authorized and directed to determine which component 
parts as defined in subsection 11 v. (2) or 11 cc. (2) and 
which other items or substances are especially relevant 
from the standpoint of export control because of their 
significance for nuclear explosive purposes. Except as 
provided in section 126 b. (2), no such component, sub- 



Operators' 

licenses. 
42 U.S.C 
sec. 2137. 



War or 
national 
emergency. 
42 U.S.C. 
sec. 2138. 



Domestic 

activites 

licenses, 

issuance, 

authorization. 

42 U.S.C. 2139. 



Export licenses. 



Ante, P. 131. 



• 9 Public Law 86-373 (73 Stat. 688) (1959). sec. 2. amended sec. 108 
by deleting the phrase "distributed under the provisions of subsection 
53 a.," after the words "special nuclear material" in the second sentence. 



50 

stance, or item which is so determined by the Commission 
shall be exported unless the Commission issues a general 
or specific license for its export after finding, based on a 
reasonable judgment of the assurances provided and other 
information available to the Federal Government, includ- 
ing the Commission, that the following criteria or their 
equivalent are met : (1) IAEA safeguards as required by 
Article III (2) of the Treaty will be applied with respect 
to such component, substance, or item; (2) no such com- 
ponent, substance, or item will be used for any nuclear ex- 
plosive device or for research on or development of any 
nuclear explosive device; and (3) no such component, 
substance, or item will be retransf erred to the jurisdiction 
of any other nation or group of nations unless the prior 
consent of the United States is obtained for such retrans- 
f er ; and after determining in writing that the issuance of 
each such general or specific license or category of licenses 
will not be inimical to the common defense and security : 
Provided, That a specific license shall not be required for 
an export pursuant to this section if the component, item 
or substance is covered by a facility license issued pur- 
suant to section 126 of this Act. 

"c. The Commission shall not issue an export license 
under the authority of subsection b. if it is advised by 
the executive branch, in accordance with the procedures 
established under subsection 126 a., that the export would 
be inimical to the common defense and security of the 
United States. 80 
Exclusions. "Sec. 110. Exclusions. — Nothing in this chapter shall 

■ec. U 2i4o" b e deemed — 

"a. to require a license for (1) the processing, 
fabricating, or refining of special nuclear material, 
or the separation of special nuclear material, or the 
separation of special nuclear material from other 
substances, under contract with and for the account 
of the Commission ; or (2) the construction or opera- 
tion of facilities under contract with and for the 
account of the Commission ; or 

80 Public Law 95-242 (92 Stat. 141) (1978), sec. 309(a), amended sec. 
109 by substituting a complete new sec. 109. Before amendment, sec. 
109 read as follows : "Sec. 109. Component Parts of Facilities. — With 
respect to those utilization and production facilities which are so de- 
termined by the Commission pursuant to subsection 11 v. (2)** or 11 cc. 
(2)f the Commission may (a) issue general licenses for activities re- 
quired to be licensed under section 101. if the Commission determines in 
writing that such general licensing will not constitute an unreasonable 
risk to the common defense and security, and (b) issue licenses for the 
export of such facilities, if the Commission determines in writing that 
each export will not constitute an unreasonable risk to the common 
defense and security.". 

**Amended by Public Law 89-645 (80 Stat. 891) (1966), sec. 1. 
Prior to amendment, reference was to "11 t. (2)". Earlier. Public 
Law 87-615 (76 Stat. 409) (1962), sec. 9, had amended the 
reference. Prior to this amendment the reference was to "11 
P. (2)". 

t Amended by Public Law 89-645 (80 Stat. 891) (1966), sec. 1. 
Prior to amendment, reference was to "11 aa (2)". Earlier, Public 
Law 87-615 (76 Stat. 409) (1962), sec. 9. had amended the ref- 
erence. Prior to this amendment the reference was to "11 v. (2)". 



42 U.S. C. 2141. 



42 U.S.C. 2112. 



51 

"b. to require a license for the manufacture, pro- 
duction, or acquisition by the Department of De- 
fense of any utilization facility authorized pursuant 
to section 91, or for the use of such facility by the 
Department of Defense or a contractor thereof. 

"Sec. 111. Distribution by the Department of 
Energy. — 

"a. The Nuclear Kegulatory Commission is authorized 
to license the distribution of special nuclear material, 
source material, and byproduct material by the Depart- Supra, 
ment of Energy, pursuant to section 54, 64, and 82 of this 
Act, respectively, in accordance with the same procedures 
established by law for the export licensing of such mate- 
rial by any person : Provided, That nothing in this section 
shall require the licensing of the distribution of byprod- 
uct material by the Department of Energy under section 
82 of this Act. 

"b. The Department of Energy shall not distribute any 
special nuclear material or source material under section 
54 or 64 of this Act other than under an export license 
issued by the Nuclear Kegulatory Commission until (1) 
the Department has obtained the concurrence of the De- 
partment of State and has consulted with the Arms Con- 
trol and Disarmament Agency, the Nuclear Regulatory 
Commission, and the Department of Defense under mu- 
tually agreed procedures which shall be established 
within not more than ninety days after the date of enact- 
ment of this provision and (2) the Department finds 
based on a reasonable judgment of the assurances pro- 
vided and the information available to the United States 
Government, that the criteria in section 127 of this Act or 
their equivalent and any applicable criteria in subsection 
128 are met, and that the proposed distribution would not Po8t ' p ' 136# 
be inimical to the common defense and security. 81 pogt 137 

"CHAPTER 11. INTERNATIONAL ACTIVITIES 

"Sec. 121. Effect of International Arrange- Effect of 
ments. — Any provision of this Act or any action of the Sra^gVments. 
Commission to the extent and during the time that it 42 u ^ -c. 
conflicts with the provisions of any international ar- 
rangements made after the date of enactment of this Act 
shall be deemed to be of no force or effect. 

"Sec. 122. Policies Contained in International Ar- SSned S in COn " 
rangements. — In the performance of its functions under ar^an^meufs. 
this Act, the Commission shall give maximum effect to l"u.s.c. 
the policies contained in any international arrangement 
made after the date of enactment of this Act. 

"Sec. 123. Cooperation With Other Nations. — 

"No cooperation with any nation, group of nations or 

61 Public Law 95-242 (92 Stat. 125) (1978), sec. 301(c), added sec. 111. 



Bee. 2152. 



52 



42 U.S. C. 207 
2074, 2077, 
2094, 2112, 
2121, 2133, 
2134, 2164. 
Cooperative 
agreements, 
submittal to 
President. 
Contents. 



regional defense organization pursuant to section 53, 
54 a., 57, 64, 82, 91, 103, 104, or 144 shall be undertaken 
until — 

"a. the proposed agreement for cooperation has been 
submitted to the President, which proposed agreement 
shall include the terms, conditions, duration, nature, and 
scope of the cooperation ; and shall include the following 
requirements : 

"(1) a guaranty by the cooperating party that 
safeguards as set forth in the agreement for cooper- 
ation will be maintained with respect to all nuclear 
materials and equipment transferred pursuant 
thereto, and with respect to all special nuclear ma- 
terial used in or produced through the use of such 
nuclear materials and equipment, so long as the ma- 
terial or equipment remains under the jurisdiction 
or control of the cooperating party, irrespective of 
the duration of other provisions in the agreement 
or whether the agreement is terminated or suspended 
for any reason ; 

"(2) in the case of non-nuclear- weapon states, a 
requirement, as a condition of continued United 
States nuclear supply under the agreement for co- 
operation, that IAEA safeguards be maintained 
with respect to all nuclear materials in all peaceful 
nuclear activities within the territory of such state, 
under its jurisdiction, or carried out under its con- 
trol anywhere ; 

"(3) except in the case of those agreements for 
cooperation arranged pursuant to subsection 91 c, 
a guaranty by the cooperating party that no nuclear 
materials and equipment or sensitive nuclear tech- 
nology to be transferred pursuant to such agree- 
ment, and no special nuclear material produced 
through the use of any nuclear materials and equip- 
ment or sensitive nuclear technology transferred 
pursuant to such agreement, will be used for any 
nuclear explosive device, or for research on or devel- 
opment of any nuclear explosive device, or for any 
other military purpose ; 

"(4) except in the case of those agreements for 
cooperation arranged pursuant to subsection 91 c. 
and agreements for cooperation with nuclear- 
weapon states, a stipulation that the United States 
shall have the right to require the return of any 
nuclear materials and equipment transferred pur- 
suant thereto and any special nuclear material pro- 
duced through the use thereof if the cooperating 
party detonates a nuclear explosive device or termi- 
nates or abrogates an agreement providing for 
IAEA safeguards ; 

"(5) a guaranty by the cooperating party that 
any material or any Restricted Data transferred 



53 

pursuant to the agreement for cooperation and, ex- 
cept in the case of agreements arranged pursuant to 
subsection 91 a, 144 b. or 144 a, any production or «gf-^ 1 - 
utilization facility transferred pursuant to the agree- 
ment for cooperation or any special nuclear material 
produced through the use of any such facility or 
through the use of any material transferred pursu- 
ant to the agreement, will not be transferred to unau- 
thorized persons or beyond the jurisdiction or control 
of the cooperating party without the consent of the 
United States ; 

" (6) a guaranty by the cooperating party that ade- 
quate physical security will be maintained with re- 
spect to any nuclear material transferred pursuant 
to such agreement and with respect to any special 
nuclear material used in or produced through the 
use of any material, production facility, or utiliza- 
tion facility transferred pursuant to such agreement ; 

"(7) except in the case of agreements for coopera- 
tion arranged pursuant to subsection 91 c, 144 b., or 
144 c, a guaranty by the cooperating party that no 
material transferred pursuant to the agreement for 
cooperation and no material used in or produced 
through the use of any material, production facility, 
or utilization facility transferred pursuant to the 
agreement for cooperation will be reprocessed, en- 
riched or (in the case of plutonium, uranium 233, or 
uranium enriched to greater than twenty percent in 
the isotope 235, or other nuclear materials which 
have been irradiated) otherwise altered in form or 
content without the prior approval of the United 
States ; 

"(8) except in the case of agreements for coopera- 
tion arranged pursuant to subsection 91 c, 144 b., or 
144 c, a guaranty by the cooperating party that no 
plutonium, no uranium 233, and no uranium en- 
riched to greater than twenty percent in the isotope 
235, transferred pursuant to the agreement for coop- 
eration, or recovered from any source or special 
nuclear material so transferred or from any source 
or special nuclear material used in any production 
facility or utilization facility transferred pursuant 
to the agreement for cooperation, will be stored in 
any facility that has not been approved in advance 
by the United States ; and 

, "(9) except in the case of agreements for coopera- 
tion arranged pursuant to subsection 91 c, 144 b. or 
144 c., a guaranty by the cooperating party that any 
special nuclear material, production facility, or utili- 
zation facility produced or constructed under the 
jurisdiction of the cooperating party by or through 
the use of any sensitive nuclear technology trans- 



54 



Agreement 
requirements 
Presidential 
exemptions. 



Proposed 

cooperation 

agreements, 

submittal to 

President. 

Nuclear 

Proliferation 

Assessment 

Statement, 

submitted to 

President. 

42 U.S.C. 2121, 

2164. 



Submittal to 
congressional 
committees. 



Ante, p. 139. 



f erred pursuant to such agreement for cooperation 
will be subject to all the requirements specified in 
this subsection. 
The President may exempt a proposed agreement for 
cooperation (except an agreement arranged pursuant to 
subsection 91 c, 144 b., or 144 c.) from any of the require- 
ments of the foregoing sentence if he determines that in- 
clusion of any such requirement would be seriously prej- 
udicial to the achievement of United States non-pro- 
liferation objectives or otherwise jeopardize the common 
defense and security. Except in the case of those agree- 
ments for cooperation arranged pursuant to subsection 91 
c, 144 b., or 144 c, any proposed agreement for coopera- 
tion shall be negotiated by the Secretary of State, with 
the technical assistance and concurrence of the Secretary 
of Energy and in consultation with the Director of the 
Arms Control and Disarmament Agency ('the Direc- 
tor') ; and after consultation with the Commission shall 
be submitted to the President jointly by the Secretary 
of State and the Secretary of Energy accompanied by the 
views and recommendations of the Secretary of State, the 
Secretary of Energy, the Nuclear Regulatory Commis- 
sion, and the Director, who shall also provide to the 
President an unclassified Nuclear Proliferation Assess- 
ment Statement regarding the adequacy of the safe- 
guards and other control mechanisms and the peaceful 
use assurances contained in the agreement for cooper- 
ation to ensure that any assistance furnished thereunder 
will not be used to further any military or nuclear ex- 
plosive purpose. In the case of those agreements for co- 
operation arranged pursuant to subsection 91 c, 144 b., or 
144 c, any proposed agreement for cooperation shall be 
submitted to the President by the Secretary of Energy 
or, in the case of those agreements for cooperation ar- 
ranged pursuant to subsection 91 c. or 144 b. which are to 
be implemented by the Department of Defense, by the 
Secretary of Defense ; 

"b. the President has approved and authorized the 
execution of the proposed agreement for cooperation and 
has made a determination in writing that the perform- 
ance of the proposed agreement will promote, and will 
not constitute an unreasonable risk to, the common 
defense and security; 

"c. the proposed agreement for cooperation (if not an 
agreement subject to subsection d.). together with the 
approval and determination of the President, has been 
submitted to the Committee on International Relations 
of the House of Representatives and the Committee on 
Foreign Relations of the Senate for a period of thirty 
days of continuous session (as defined in subsection 130 
<Z.) : Provided, however, That these committees, after 
having received such agreement for cooperation, may by 



55 



42 U.S.C. 20' 
2074, 2133, 
2134. 



resolution in writing waive the conditions of all or any 
portion of such thirty-day period ; and 

"d. the proposed agreement for cooperation (if ar- 
ranged pursuant to subsection 91 c, 144 b., or 144 c, or if 
entailing implementation of section 53, 54 a., 103, or 104 
in relation to a reactor that may be capable of producing 
more than five thermal megawatts or special nuclear ma- 
terial for use in connection therewith) has been submitted 
to the Congress, together with the approval and deter- 
mination of the President, for a period of sixty days of 
continuous session (as defined in subsection 130 g. of this 
Act) and referred to the Committee on International 
Kelations of the House of Representatives and the Com- 
mittee on Foreign Relations of the Senate, and in addi- 
tion, in the case of a proposed agreement for cooperation 
arranged pursuant to subsection 91 c, 144 b., or 144 c, 
the Committee on Armed Services of the House of Repre- 
sentatives and the Committee on Armed Services of the 
Senate, but such proposed agreement for cooperation 
shall not become effective if during such sixty-day period 
the Congress adopts a concurrent resolution stating in 
substance that the Congress does not favor the proposed 
agreement for cooperation : Provided, That the sixty- day 
period shall not begin until a Nuclear Proliferation 
Assessment Statement prepared by the Director of the 
Arms Control and Disarmament Agency, when required 
by subsection 123 a., has been submitted to the Congress. Ante, p. 142. 
Any such proposed agreement for cooperation shall be 
considered pursuant to the procedures set forth in section 
130 of this Act for the consideration of Presidential sub- ^**«j p- 139. 
missions. 

"Following submission of a proposed agreement for Agency views 
cooperation (except an agreement for cooperation ar- commft r tS ona 
ranged pursuant to subsection 91 c, 144 b., or 144 c.) to g 6 u 4 - s - c 2121 « 
the Committee on International Relations of the House 
of Representatives and the Committee on Foreign Rela- 
tions of the Senate, the Nuclear Regulatory Commission, 
the Department of State, the Department of Energy, the 
Arms Control and Disarmament Agency, and the Depart- 
ment of Defense shall, upon the request of either of those 
committees, promptly furnish to those committees their 
views as to whether the safeguards and other controls 
contained therein provide an adequate framework to en- 
sure that any export as contemplated by such agreement 
will not be inimical to or constitute an unreasonable risk 
to the common defense and security. 

"If, after the date of enactment of the Nuclear Non- 
Prohferation Act of 1978, the Congress fails to disap- 
prove a proposed agreement for cooperation which ex- 
empts the recipient nation from the requirement set 
forth in subsection 123 a. (2) , such failure to act shall con- 
stitute a failure to adopt a resolution of disapproval 



56 

pursuant to subsection 128 b. (3) for purposes of the 
Commission's consideration of applications and requests 
Ante 1 p' ill* under section 126 a. (2) and there shall be no congres- 
sional review pursuant to section 128 of any subsequent 
license or authorization with respect to that state until 
the first such license or authorization which is issued 
after twelve months from the elapse of the sixty-day pe- 
riod in which the agreement for cooperation in question 
is reviewed by the Congress. 82 



83 Public Law 95-242 (92 Stat. 142) (1978), sec. 401, amended sec. 
123 by substituting a complete new sec. 123. Before amendment, sec. 123 
read as follows : "Sec. 123. Cooperation With Other Nations. — No 
cooperation with any nation or regional defense organization pursuant to 
sections 53,ft 54a, § 57, 64, 82, 91, §§ 103, 104, or 144 shall be undertaken 
until — " 

"a. the Commission or, in the case of those agreements for cooperation 
arranged pursuant to subsection 91 c. or 144 b. which are to be imple- 
mented by the Department of Defense, the Department of Defense has 
submitted to the President the proposed agreement for cooperation, to- 
gether with its recommendations thereon, which proposed agreement 
shall include (1) the terms, conditions, duration, nature, and scope of 
the cooperation; (2) a guaranty by the cooperating party that security 
safeguards and standards as set forth in the agreement for cooperation 
will be maintained ; (3) except in the case of those agreements for co- 
operation arranged pursuant to subsection 91 c. a guaranty by the 
cooperating party that any material to be transferred pursuant to such 
agreement will not be used for atomic weapons, or for research on or 
development of atomic weapons or for any other military purpose ; and 
(4) a guaranty by the cooperating party that any material or any 
Restricted Data to be transferred pursuant to the agreement for coopera- 
tion will not be transferred to unauthorized persons or beyond the juris- 
diction of the cooperating party, except as specified in the agreement 
for cooperation : 

"b. the President has approved and authorized the execution of the 
proposed agreement for cooperation, and has made a determination in 
writing that the performance of the proposed agreement will promote and 
will not constitute an unreasonable risk to the common defense and 
security ; 

"c. the proposed agreement for cooperation, together with the approval 
and the determination of the President, has been submitted to the Joint 
Committee and a period of thirty days has elapsed while Congress is in 
session (in computing such thirty days, there shall be excluded the 
days on which either House is not in session because of an adjournment 
of more than three days) : Provided, however, That the Joint Committee, 
after having received such agreement for cooperation, may by resolution 
in writing waive the conditions of all or any portion of such thirty-day 
period : and : 1f 

"d. The proposed agreement for cooperation together with the approval 
and determination of the President, if arranged pursuant to subsection 
91 c. 144 b., or 144 c. or if entailing implementation of sections 53. 
54a. 103, or 104 in relation to a reactor that may be capable of producing 
more than five thermal megawatts or special nuclear material for use in 
connection therewith, has been submitted to the Congress and referred 
to the Joint Committee and a period of sixty days has elapsed while Con- 
gress is in session (in computing such sixty days, there shall be excluded 
the days on which either House is not in session because of an adjourn- 
ment of more than three days), but any such proposed agreement for 
cooperation shall not become effective if during such sixty-day period 
the Congress passes a concurrent resolution stating in substance that it 
does not favor the proposed agreement for cooperation : Provided, That 
prior to the elapse of the first thirty days of any such sixty-day period 
the Joint Committee shall submit a report to the Congress of its views 
and recommendations respecting the proposed agreement and an accom- 
panying proposed concurrent resolution stating in substance that the 
Congress favors, or does not favor, as the case may be. the proposed 
agreement for cooperation. Any such concurrent resolution so reported 
shall become the pending business of the House in question (in the case 
of the Senate the time for debate shall be equally divided between the 
proponents and the opponents) within twenty-five days and shall be 
voted on within five calendar days thereafter, unless such House shall 
otherwise determine." HIT 

ft Public Law 88-489 (78 Stat. 602) (1964), sec. 15, added 
"53.". 

§ Sec. 5 of Public Law 93-377 (88 Stat. 475) (1974) changed 
the term "54" to "54a". 

§§ Public Law 85-479 (72 Stat. 276) (1958), sec. 3 amended 
sec. 123 by inserting "91," and substituting a new subsec. a. 
Before amendment subsec. a. read as follows : 

(Continued) 



57 



Cooperation 
with Berlin 
42 U.S.C. 
sec. 2153 
(Nt-l. 



"Sec. 124. International Atomic Pool.— The Presi- international 
dent is authorized to enter into an international arrange- 42 u.s.c. 
ment with a group of nations providing for international 8ec * 
cooperation in the nonmilitary applications of atomic 
energy and he may thereafter cooperate with that group 
of nations pursuant to sections 54a, 83 57, 64, 82. 103. 104, 
or 144 a.: Provided, however, That the cooperation is 
undertaken pursuant to an agreement for cooperation 
entered into in accordance with section 123. 

<; Sec. 125. Cooperation With Berlin. — The Presi- 
dent may authorize the Commission to enter into agree- 
ments for cooperation with the Federal Republic of 
Germany in accordance with section 123, on behalf of 
Berlin, which for the purposes of this Act comprises 
those areas over which the Berlin Senate exercises juris- 
diction (the United States, British, and French sectors) 
and the Commission may thereafter cooperate with Ber- 
lin pursuant to sections 54a. 83 57, 64, 82, 103, or 104: 
Prodded, That the guaranties required by section 123 
shall be made by Berlin with the approval of the allied 
commandants. 84 

"Sec. 126. Export Licensing Procedures. — 

"a. Xo license may be issued by the Nuclear Regulators 
Commission (the 'Commission') for the export of any 
production or utilization facility, or any source material 
or special nuclear material, including distributions of any 



42 U.S.C. 2155. 
Exemption. 



(Continued) 

"a. the Commission or. in the case of those agreements for co- 
operation arranged pursuant to subsection 144 b., the Department 
of Defense has submitted to the President the proposed agree- 
ment for cooperation, together with its recommendation thereon, 
which proposed agreement shall include di the terms, conditions, 
duration, nature, and scope of the cooperation : (2) a guaranty by 
the cooperating party that security safeguards and standards 
as set forth in the agreement for cooperation will be maintained : 
(3) a guaranty by the cooperating party that any material to be 
transferred pursuant to such agreement will not be used for 
atomic weapons, or for research on or development of atomic 
weapons, or for any other military purpose; and (4) a guaranty 
by the cooperating party that any material or any Restricted Data 
to be transferred pursuant to the agreement for cooperation will 
not be transferred to unauthorized persons or beyond tbe juris- 
diction of the cooperating party, except as specified in the agree- 
ment for cooperation;". 

•"Public Law 85-681 (72 Stat. 632) (1958), sec. 4, added the 
proviso to subsec. 123 c. The semicolon erroneously inserted after 
the word "and" at the end of the subsection was added by Public 
Law 85-479. See footnote rr . 

rr Subsec. 123d was amended by Public Law 93-485 (RS Stat. 
1460) (1974). Prior to amendment, subsec. 123d read as follows: 

"d. the proposed agreement for cooperation, together with the 
approval and determination of the President, if arranged pursuant 
to subsection 91 c, 144 b., or 144 c. has been submitted to the 
Congress and referred to the Joint Committee and a period of sixty 
days has elapsed while Congress is in session, but any such pro- 
posed agreement for cooperation shall not become effective if 
durin? such sixty-day period the Congress passes a concurrent 
resolution stating in substance that it does not favor the pro- 
posed agreement for cooperation : Provided, however. That during 
the Eighty-fifth Congress such period shall be thirty days (in 
computing such sixty days, or thirty days, as the case may be, 
there shall be excluded the days on which either House is not in 
session because of an adjournment of more than three days)". 

Public Law 85-479 (72 Stat. 276) (1958), sec. 4 added new 
subsec. 123d. 
"Sec. 5 of Public Law 93-377 (88 Stat. 475) (1974) amended sees. 
124 and 125 by substituting the terms "54a'' for the term "54". 
64 Public Law 85-14 (71 Stat. 11) (1957), added sec. 125. 

38-938 — 79 5 



58 



Ante, p. 125. 

Supra. 

42 U.S.C. 2112. 

Executive 

branch 

judgment, 

notice to 

Commission. 



Procedures. 



Contents. 



Standards and 
criteria. 



material by the Department of Energy under section 54, 
64, or 82, for which a license is required or requested, and 
no exemption from any requirement for such an export 
license may be granted by the Commission, as the case 
may be, until — 

"(1) the Commission has been notified by the Sec- 
retary of State that it is the judgment of the execu- 
tive branch that the proposed export or exemption 
will not be inimical to the common defense and se- 
curity, or that any export in the category to which 
the proposed export belongs would not be inimical to 
the common defense and security because it lacks sig- 
nificance for nuclear explosive purposes. The Secre- 
tary of State shall, within ninety days after the en- 
actment of this section, establish orderly and expedi- 
tious procedures, including provision for necessary 
administrative actions and inter-agency memoranda 
of understanding, which are mutually agreeable to 
the Secretaries of Energy, Defense, and Commerce, 
the Director of the Arms Control and Disarmament 
Agency, and the Nuclear Regulatory Commission 
for the preparation of the executive branch judgment 
on export applications under this section. Such pro- 
cedures shall include, at a minimum, explicit direc- 
tion on the handling of such applications, express 
deadlines for the solicitation and collection of the 
views of the consulted agencies (with identified offi- 
cials responsible for meeting such deadlines), an 
inter-agency coordinating authority to monitor the 
processing of such applications, predetermined pro- 
cedures for the expeditious handling of intra-agency 
and inter-agency disagreements and appeals to 
higher authorities, frequent meetings of inter-agency 
administrative coordinators to review the status of 
all pending applications, and similar administrative 
mechanisms. To the extent practicable, an applicant 
should be advised of all the information required of 
the applicant for the entire process for every agenev's 
needs at the beginning of the process. Potentially 
controversial applications should be identified as 
quickly as possible so that any required policy deci- 
sions or diplomatic consultations can be initiated in 
a timely manner. An immediate effort should be un- 
dertaken to establish quickly any necessary stand- 
ards and criteria, including the nature of any re- 
quired assurances or evidentiary showing, for the de- 
cisions required under this section. The processing of 
any export application proposed and filed as of the 
date of enactment of this section shall not be delayed 
pending the development and establishment of pro- 
cedures to implement the requirements of this sec- 
tion. The executive branch judgment shall be com- 
pleted in not more than sixty days from receipt of tht 



.59 



application or request, unless the Secretary of State 
in his discretion specifically authorizes additional 
time for consideration of the application or request 
because it is in the national interest to allow such 
additional time. The Secretary shall notify the Com- 
mittee on Foreign Relations of the Senate and the 
Committee on International Relations of the House 
of Representatives of any such authorization. In sub- 
mitting any such judgment, the Secretary of State 
shall specifically address the extent to which the ex- 
port criteria then in effect are met and the extent to 
which the cooperating party has adhered to the pro- 
visions of the applicable agreement for cooperation. 
In the event he considers it warranted, the Secretary 
may also address the following additional factors, 
among others : 

"(A) whether issuing the license or granting the 
exemption will materially advance the non-prolifer- 
ation policy of the United States by encouraging the 
recipient nation to adhere to the Treaty, or to par- 
ticipate in the undertakings contemplated by section 
403 or 404(a) of the Nuclear Xon-Proliferation Act 
of 1978; 

"(B) whether failure to issue the license or grant 
the exemption would otherwise be seriously prejudi- 
cial to the non-proliferation objectives of the United 
States; and 

"(C) whether the recipient nation or group of na- 
tions has agreed that conditions substantially identi- 
cal to the export criteria set forth in section 127 of 
this Act will be applied by another nuclear supplier 
nation or group of nations to the proposed United 
States export, and whether in the Secretary's judg- 
ment those conditions will be implemented in a man- 
ner acceptable to the United States. 
The Secretary of State shall provide appropriate data 
and recommendations, subject to requests for additional 
data and recommendations, as required by the Commis- 
sion or the Secretary of Energy, as the case may be ; and 
"(2) the Commission finds, based on a reasonable 
judgment of the assurances provided and other informa- 
tion available to the Federal Government, including the 
Commission, that the criteria in section 127 of this Act 
or their equivalent, and any other applicable statutory 
requirements, are met : Provided, That continued cooper- 
ation under an agreement for cooperation as authorized 
in accordance with section 124 of this Act shall not be 
prevented by failure to meet the provisions of paragraph 
(4) or (5) of section 127 for a period of thirty days after 
enactment of this section, and for a period of twenty- 
three months thereafter if the Secretary of State notifies 



Notice to 

congressional 

committees. 



Post, p. 136. 



Data and 
recommenda- 
tions. 



Post, p. 136. 



42 T.S.C. 2154. 



00 



Extension, 
notice to 
Congress. 



Post, p. 139. 
Findings. 



Judicial 

review, 

exception. 



the Commission that the nation or group of nations 
bound by the relevant agreement has agreed to negotia- 
tions as called for in section 404(a) of the Nuclear Xon- 
Proliferntion Act of 1978; however, nothing in this sub- 
section shall be deemed to relinquish any rights which 
the United States may have under agreements for co- 
operation in force on the date of enactment of this sec- 
tion: Provided further. That if, upon the expiration of 
such twenty-four month period, the President deter- 
mines that failure to continue cooperation with any 
group of nations which has been exempted pursuant to 
the above proviso from the provisions of paragraph (4) 
or (5) of section 127 of this Act, but which has not yet 
agreed to comply with those provisions would be seri- 
ously prejudicial to the achievement of United States 
non-proliferation objectives or otherwise jeopardize the 
common defense and security, he may, after notifying 
the Congress of his determination, extend by Executive 
order the duration of the above proviso for a period of 
twelve months, and may further extend the duration of 
such proviso by one year increments annually thereafter 
if he again makes such determination and so notifies 
the Congress. In the event that the Committee on Inter- 
national Relations of the House of Representatives or 
the Committee on Foreign Relations of the Senate re- 
ports a joint resolution to take any action with respect 
to any such extension, such joint resolution will be con- 
sidered in the House or Senate, as the case may be, under 
procedures identical to those provided for the consid- 
eration of resolutions pursuant to section 120 of this Act : 
And additionally provided, That the Commission is au- 
thorized to (A) make a single finding under this sub- 
section for more than a single application or request, 
where the applications or requests involve exports to the 
same country, in the same general time frame, of similar 
significance for nuclear explosive purposes and under 
reasonably similar circumstances and (B) make a find- 
ing under this subsection that there is no material 
changed circumstance associated with a new application 
or request from those existing at the time of the last 
application or request for an export to the same country, 
where the prior application or request was approved by 
the Commission using all applicable procedures of this 
section, and such finding of no material changed circum- 
stance shall be deemed to satisfy the requirement of this 
paragraph for findings of the Commission. The decision 
not to make any such finding in lieu of the findings which 
would otherwise be required to be made under this para- 
graph shall not be subject to judicial review: And pro- 
vided further, That nothing contained in this section is 
intended to require the Commission independently to 
conduct or prohibit the Commission from independently 
conducting country or site specific visitations in the Com- 



61 



mission's consideration of the application of IAEA 
safeguards. 

"b. (1) Timely consideration shall be given by the 
Commission to requests for export license and exemptions 
and such requests shall be granted upon a determination 
that all applicable statutory requirements have been met. 

"(2) If, after receiving the executive branch judgment 
that the issuance of a proposed export license will not be 
inimical to the common defense and security, the Com- 
mission does not issue the proposed license on a timely 
basis because it is unable to make the statutory determi- 
nations required under this Act, the Commission shall 
publicly issue its decision to that effect, and shall submit 
the license application to the President. The Commis- 
sion's decision shall include an explanation of the basis 
for the decision and any dissenting or separate views. If, 
after receiving the proposed license application and re- 
viewing the Commission's decision, the President deter- 
mines that withholding the proposed export would be 
seriously prejudicial to the achievement of United States 
non-proliferation objectives, or would otherwise jeop- 
ardize the common defense and security, the proposed 
export may be authorized by Executive order : Provided, 
That prior to any such export, the President shall submit 
the Executive order, together with his explanation of 
why, in light of the Commission's decision, the export 
should nonetheless be made, to the Congress for a period 
of sixty days of continuous session (as denned in subsec- 
tion 130 g.) and shall be referred to the Committee on 
International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate, 
but any such proposed export shall not occur if during 
such sixty-day period the Congress adopt a concurrent 
resolution stating in substance that it does not favor the 
proposed export. Any such Executive order shall be con- 
sidered pursuant to the procedures set forth in section 130 
of this Act for the consideration of Presidential submis- 
sions: And provided further. That the procedures estab- 
lished pursuant to subsection (b) of section 304 of the 
Nuclear Non-Proliferation Act of 1978 shall provide that 
the Commission shall immediately initiate review of any 
application for a license under this section and to the 
maximum extent feasible shall expeditiously process the 
application concurrently with the executive branch re- 
view while awaiting the final executive branch judgment. 
In initiating its review the Commission may identif v a set 
of concerns and requests for information associated with 
the "projected issuance of such license and shall transmit 
such concerns and requests to the executive branch which 
shall address such concerns and requests in its written 
communications with the Commission. Such procedures 
shall also provide that if the Commission has not com- 



Presidential 
review. 



Report to 
Congress and 
congressional 
committees. 

Post, p. 139.. 



Review. 



Concerns and 
requests, 
transmittal to 
executive 
branch. 



62 

pleted action on the application within sixty days after 
the receipt of an executive branch judgment that the pro- 
posed export or exemption is not inimical to the common 
defense and security or that any export in the category 
to which the proposed export belongs would not be inimi- 
cal to the common defense and security because it lacks 
significance for nuclear explosive purposes, the Commis- 
sion shall inform the applicant in writing of the reason 
for delay and provide follow-up reports as appropriate. 
If the Commission has not completed action by the end of 
an additional sixty days (a total of one hundred and 
twenty days from receipt of the executive branch judg- 
ment), the President may authorize the proposed export 
by Executive order, upon a finding that further delay 
would be excessive and upon making the findings required 
for such Presidential authorizations under this subsec- 
tion, and subject to the Congressional review procedures 
set forth herein. However, if the Commission has com- 
menced procedures for public participation regarding 
the proposed export under regulations promulgated pur- 
suant to subsection (b) of section 304 of the Nuclear Non- 
Proliferation Act of 1978, or — within sixty days after 
receipt of the executive branch judgment on the proposed 
export — the Commission has identified and transmitted 
to the executive branch a set of additional concerns or re- 
quests for information, the President may not authorize 
the proposed export until sixty days after public pro- 
ceedings are completed or sixty days after a full executive 
branch response to the Commission's additional concerns 
or requests has been made consistent with subsection a. 
(1) of this section: Provided further, That nothing in 
this section shall affect the right of the Commission to 
obtain data and recommendations from the Secretary of 
State at any time as provided in subsection a. (1) of this 
section. 
?o e nI?efsioSai " c - Tn tne event that the House of Representatives or 
committees, the Senate passes a joint resolution which would adopt 
one or more additional export criteria, or would modify 
anv existing export criteria under this Act, any such 
joint resolution shall be referred in the other House to 
the Committee on Foreign Relations of the Senate or the 
Committee on International Relations of the House of 
Representatives, as the case may be, and shall be consid- 
ered by the other House under applicable procedures pro- 
vided for the consideration of resolutions pursuant to sec- 
tion 130 of this Act. 85 
42 u.s.c. 2156. "Sec. 127. Criteria Governing United States Nu- 
clear Exports. — 

"The United States adopts the following criteria which, 
in addition to other requirements of law. will govern ex- 



85 Public Law 95-242 (92 Stat. 131) (1978), sec. 304(a), added 
sec. 126. 



63 

ports for peaceful nuclear uses from the United States 
of source material, special nuclear material, production 
or utilization facilities, and any sensitive nuclear 
technology : 

"(1) IAEA safeguards as required by Article III 
(2) of the Treaty will be applied with respect to any 
such material or facilities proposed to be exported, 
to any such material or facilities previously exported 
and subject to the applicable agreement for coopera- 
tion, and to any special nuclear material used in or 
produced through the use thereof. 

"(2) No such material, facilities, or sensitive nu- 
clear technology proposed to be exported or previous- 
ly exported and subject to the applicable agreement 
for cooperation, and no special nuclear material pro- 
duced through the use of such materials, facilities, or 
sensitive nuclear technology, will be used for any 
nuclear explosive device or for research on or devel- 
opment of any nuclear explosive device. 

"(3) Adequate physical security measures will be 
maintained with respect to such material or facilities 
proposed to be exported and to any special nuclear 
material used in or produced through the use thereof. 
Following the effective date of any regulations pro- 
mulgated by the Commission pursuant to section 304 
(d) of the Nuclear Non-Proliferation Act of 1978, 
physical security measures shall be detmed adequate 
if such measures provide a level of protection equiva- 
lent to that required by the applicable regulations. 
"(4) No such materials, facilities, or sensitive nu- 
clear technology proposed to be exported, and no 
special nuclear material produced through the use 
of such material, will be retransferred to the juris- 
diction of any other nation or group of nations un- 
less the prior approval of the United States is ob- 
tained for such retransfer. In addition to other re- 
quirements of law, the United States may approve 
such retransfer only if the nation or group of na- 
tions designated to receive such retransfer agrees 
that it shall be subject to the conditions required by 
this section. 

"(5) No such material proposed to be exported 
pnd no special nuclear material produced through 
the use of such material will be reprocessed, and no 
irradiated fuel elements containing such material re- 
moved from a reactor shall be altered in form or con- 
tent, unless the prior approval of the United States 
is obtained for such reprocessing or alteration. 

"(6) No such sensitive nuclear technology shall 
be exported unless the foregoing conditions shall be 
applied to any nuclear material or equipment which 
is produced or constructed under the jurisdiction of 



04 



Export 
applications, 
criterion 
enforcement. 



the recipient nation or group of nations by or 
through the use of any such exported sensitive nu- 
clear technology. 86 
42 u.s.c. 2157. "Sec. 128. Additional Export Criterion and 
Procedures. — 

"a. (1) As a condition of continued United States 
export of source material, special nuclear material, pro- 
duction or utilization facilities, and any sensitive nuclear 
technology to non-nuclear- weapon states, no such export 
shall be made unless IAEA safeguards are maintained 
with respect to all peaceful nuclear activities in, under 
the jurisdiction of, or carried out under the control of 
such state at the time of the export. 

"(2) The President shall seek to achieve adherence to 
the foregoing criterion by recipient non-nuclear-weapon 
states. 

"b. The criterion set forth in subsection a. shall be 
applied as an export criterion with respect to any 
application for the export of materials, facilities, or 
technology specified in subsection a. which is filed after 
eighteen months from the date of enactment of this sec- 
tion, or for any such application under which the first 
export would occur at least twenty-four months after the 
date of enactment of this section, except as provided in 
the following paragraphs : 

"(1) If the Commission or the Department of 
Energy, as the case may be, is notified that the 
President has determined that failure to approve an 
export to which this subsection applies because such 
criterion has not yet been met would be seriously 
prejudicial to the achievement of United States non- 
proliferation objectives or otherwise jeopardize the 
common defense and security, the license or author- 
ization may be issued subject to other applicable re- 
quirements of law: Provided, That no such export 
of any production or utilization facility or of any 
source or special nuclear material (intended for use 
as fuel in any production or utilization facility) 
which has been licensed or authorized pursuant to 
this subsection shall be made to any non-nuclear- 
wearxm state which has failed to meet such criterion 
until the first such license or authorization with re- 
spect to such state is submitted to the Congress 
(together with a detailed assessment of the reasons 
underlying the President's determination, the judg- 
ment of the executive branch required under section 
Ante, p. 131. 126 of this Act, and anv Commission opinion and 

views) for n period of sixtv davs of continuous 
Post, p. 139. session (as defined in subsection 130 <r. of this Act) 

and referred to the Committee on International Rela- 



Report to 

congressional 

committees. 



86 Public Law 95-242 (92 Stat. 136) (1978). sec. 305. added sec. 127. 



65 



tions of the House of Representatives and the Com- 
mittee on Foreign Relations of the Senate, but such 
export shall not occur if during such sixty-day 
period the Congress adopts a concurrent resolution 
stating in substance that the Congress does not favor 
the proposed export. Any such license or authoriza- 
tion shall be considered pursuant to the procedures 
set forth in section 130 of this Act for the considera- 
tion of Presidential submissions. 

"(2) If the Congress adopts a resolution of dis- 
approval pursuant to paragraph (1), no further ex- 
port of materials, facilities, or technology specified 
in subsection a. shall be permitted for the remainder 
of that Congress, unless such state meets the criterion 
or the President notifies the Congress that he has 
determined that significant progress has been made 
in achieving adherence to such criterion by such state 
or that United States foreign policy interests dictate 
reconsideration and the Congress, pursuant to the 
procedure of paragraph (1), does not adopt a con- 
current resolution stating in substance that it dis- 
agrees with the President's determination. 

"(3) If the Congress does not adopt a resolution of 
disapproval with respect to a license or authoriza- 
tion submitted pursuant to paragraph (1), the cri- 
terion set forth in subsection a. shall not be applied 
as an export criterion with respect to exports of ma- 
terials, facilities and technology specified in subsec- 
tion a. to that state : Provided, That the first license 
or authorization with respect to that state which is 
issued pursuant to this paragraph after twelve 
months from the elapse of the sixty-day period speci- 
fied in paragraph (1), and the first such license or 
authorization which is issued after each twelve- 
month period thereafter, shall be submitted to the 
Congress for review pursuant to the procedures spec- 
ified in paragraph (1) -.Provided further, That if the 
Congress adopts a resolution of disapproval during 
any review period provided for by this paragraph, 
the provisions of paragraph (2) shall apply with 
respect to further exports to such state. 87 
"Sec. 129. Conduct Resulting in Termination of Nu- 
clear Exports. — 

"Xo nuclear materials and equipment or sensitive nu- 
clear technology shall be exported to — 

"(1) any non-nuclear-weapon state that is found 
by the President to have, at any time after the effec- 
tive date of this section, 

"(A) detonated a nuclear explosive device; or 
"(B) terminated or abrogated IAEA safe- 
guards; or 



Congressional 

disapproval, 

resolution. 



Export 

authorizations, 
congressional 
review. 



Export 
terminations, 
criterion. 
42U.S.C. 2158. 



« Public Law 95-242 (92 Stat. 137) (1978), sec. 306, added sec. 128. 



66 

"(C) materially violated an IAEA safeguards 
agreement; or 

"(D) engaged in activities involving source 
or special nuclear material and having direct 
significance for the manufacture or acquisition 
of nuclear explosive devices, and has failed to 
take steps which, in the President's judgment, 
represent sufficient progress toward terminating 
such activities; or 
"(2) any nation or group of nations that is found 
by the President to have, at any time after the effec- 
tive date of this section, 

" ( A) materially violated an agreement for co- 
operation with the United States, or, with re- 
spect to material or equipment not supplied un- 
der an agreement for cooperation, materially 
violated the terms under which such material or 
equipment was supplied or the terms of any 
commitments obtained with respect thereto pur- 
suant to section 402(a) of the Nuclear Non- 
Proliferation Act of 1978 ; or 

"(B) assisted, encouraged, or induced any 
non-nuclear- weapon state to engage in activities 
involving source or special nuclear material and 
having direct significance for the manufacture 
or acquisition of nuclear explosive devices, and 
has failed to take steps which, in the President's 
judgment, represent sufficient progress toward 
terminating such assistance, encouragement, or 
inducement; or 

"(C) entered into an agreement after the date 
of enactment of this section for the transfer of 
reprocessing equipment, materials, or technology 
to the sovereign control of a non-nuclear- weapon 
state except in connection with an intentional 
fuel cycle evaluation in which the United States 
is a participant or pursuant to a subsequent in- 
ternational agreement or understanding to 
which the United States subscribes ; 
unless the President determines that cessation of such 
exports would be seriously prejudicial to the achievement 
of United States non-proliferation objectives or other- 
wise jeopardize the common defense and security: Pro- 
vided, That prior to the effective date of any such deter- 
mination, the President's determination, together with a 
report containing the reasons for his determination, shall 
Congress be submitted to the Congress and referred to the Com- 

mittee on International Relations of the House of Rep- 
resentatives and the Committee on Foreign Relations of 
the Senate for a period of sixty days of continuous ses- 
infra. s ion (as defined in subsection 130 g. of this act) , but any 

such determination shall not become effective if during 
such sixty-day period the Congress adopts a concurrent 



67 

resolution stating in substance that it does not favor the 
determination. Any such determination shall be consid- 
ered pursuant to the procedures set forth in section 130 
of this Act for the consideration of Presidential 
submissions. 88 

"Sec. 130. Congressional Review Procedures. — 42 use 2159. 

"a. Not later than forty-five days of continuous session co mmi e ttee 0naI 
of Congress after the date of transmittal to the Congress reports. 
of any submission of the President required by subsec- Ante^.fii, 
tion 123 d., 126 a. (2), 126 b. (2), 128 b., 129, 131 a. (3), m 138, 127 
or 131 f. (1) (A) of this Act, the Committee on Foreign om 
Relations of the Senate and the Committee on Interna- 
tional Relations of the House of Representatives, and in 
addition, in the case of a proposed agreement for coopera- 
tion arranged pursuant to subsection 91 c, 144 b., or 144 
c, the Committee on Armed Services of the House of 
Representatives and the Committee on Armed Services 
of the Senate, shall each submit a report to its respective 
House on its views and recommendations respecting such 
Presidential submission together with a resolution, as 
defined in subsection f ., stating in substance that the Con- 
gress approves or disapproves such submission, as the 
case may be : Provided, That if any such committee has 
not reported such a resolution at the end of such forty- 
five day period, such committee shall be deemed to be dis- 
charged from further consideration of such submission 
and if, in the case of a proposed agreement for coopera- 
tion arranged pursuant to subsection 91 c, 144 b., or 144 
c. of this Act, the other relevant committee of that House 
has reported such a resolution, such committee shall be 
deemed discharged from further consideration of that 
resolution. If no such resolution has been reported at the 
end of such period, the first resolution, as defined in sub- 
section f., which is introduced within five days thereafter 
within such House shall be placed on the appropriate 
calendar of such House. 

"b. When the relevant committee or committees have 
reported such a resolution (or have been discharged from 
further consideration of such a resolution pursuant to 
subsection a.) or when a resolution has been introduced 
and^ placed on the appropriate calendar pursuant to sub- 
section a., as the case may be, it is at any time thereafter 
in order (even though a previous motion to the same 
effect has been disagreed to) for any Member of the 
respective House to move to proceed to the consideration 
of the resolution. The motion is highly privileged and is 
not debatable. The motion shall not be subject to amend- 
ment, or to a motion to postpone, or to a motion to pro- 
ceed to the consideration of other business. A motion to 
reconsider the vote by which the motion is agreed to or 

88 Public Law 95-242 (92 Stat. 138) (1978), sec. 307, added sec. 129. 



68 



"Resolution.' 



Continuous 
sessions of 
Congress, 
computation. 



disagreed to shall not be in order. If a motion to proceed 
to the consideration of the resolution is agreed to, the res- 
olution shall remain the unfinished business of the respec- 
tive House until disposed of. 

"c. Debate on the resolution, and on all debatable mo- 
tions and appeals in connection therewith, shall be 
limited to not more than ten hours, which shall be divided 
equally between individuals favoring and individuals op- 
posing the resolution. A motion further to limit debate 
is in order and not debatable. An amendment to a motion 
to postpone, or a motion to recommit the resolution, or a 
motion to proceed to the consideration of other business 
is not in order. A motion to reconsider the vote by which 
the resolution is agreed to or disagreed to shall not be in 
order. No amendment to any concurrent resolution pur- 
suant to the procedures of this section is in order except 
as provided in subsection d. 

"d. Immediately following (1) the conclusion of the 
debate on such concurrent resolution, (2) a single quorum 
call at the conclusion of debate if requested in accordance 
with the rules of the appropriate House, and (3) the 
consideration of an amendment introduced by the Major- 
ity Leader or his designee to insert the phrase, 'does not' 
in lieu of the word 'does' if the resolution under consid- 
eration is a concurrent resolution of approval, the vote 
on final approval of the resolution shall occur. 

"e. Appeals from the decisions of the Chair relating to 
the application of the rules of the Senate or the House 
of Representatives, as the case may be, to the procedure 
relating to such a resolution shall be decided without 
debate. 

"f. For the purposes of subsections a. through e. of this 
section, the term 'resolution' means a concurrent resolu- 
tion of the Congress, the matter after the resolving clause 
of which is as follows: 'That the Congress (does or does 
not) favor the transmitted to the Congress 

by the President on , .', the blank spaces 

therein to be appropriately filled, and the affirmative or 
negative phrase within the parenthetical to be appro- 
priately selected. 

"g. For the purposes of this section — 

"(1) continuity of session is broken only by an 
adjournment of Congress sine die; and 

"(2) the days on which either House is not in 
session because of an adjournment of more than 
three days to a day certain are excluded in the com- 
putation of any period of time in which Congress 
is in continuous session, 
"h. This section is enacted by Congress — 

" (1) as an exercise of the rulemaking power of the 
Senate and the House of Representatives, respec- 
tively, and as such they are deemed a part of the 
rules of each House, respectively, but applicable only 



69 



with respect to the procedure to be folded m that 
House in the case of resolutions described by sub- 
section f . of this section ; and they supersede other 
rules only to the extent that they are inconsistent 
therewith; and . . 

"(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner and to the same extent as in the 
case of any other rule of that House. 89 
"Sec. 131. Subsequent Arrangements. — 
"a. (1) Prior to entering into any proposed subsequent 
arrangement under an agreement for cooperation (other 
than an agreement for cooperation arranged pursuant 
to subsection 91 c, 144 b., or 144 c. of this Act), the 
Secretary of Energy shall obtain the concurrence of the 
Secretary of State and shall consult with the Director, 
the Commission, and the Secretary of Defense: Pro- 
vided, That the Secretary of State shall have the leading 
role in any negotiations of a policy nature pertaining to 
any proposed subsequent arrangement regarding ar- 
rangements for the storage or disposition of irradiated 
fuel elements or approvals for the transfer, for which 
prior approval is required under an agreement for co- 
operation, by a recipient of source or special nuclear 
material, production or utilization facilities, or nuclear 
technology. Notice of any proposed subsequent arrange- 
ment shall be published in the Federal Register, together 
with the written determination of the Secretary of En- 
ergy that such arrangement will not be inimical to the 
common defense and security, and such proposed sub- 
sequent arrangement shall not take effect before fifteen 
days after publication. Whenever the Director declares 
that he intends to prepare a Nuclear Proliferation Assess- 
ment Statement pursuant to paragraph (2) of this sub- 
section, notice of the proposed subsequent arrangement 
which is the subject of the Director's declaration shall 
not be published until after the receipt by the Secretary 
of Energy of such Statement or the expiration of the 
time authorized by subsection c. for the preparation of 
such Statement, whichever occurs first. 

"(2) If in the Director's view a proposed subsequent 
arrangement might significantly contribute to prolifera- 
tion, he may prepare an unclassified Nuclear Prolifera- 
tion Assessment Statement with regard to such proposed 
subsequent arrangement regarding the adequacy of the 
safeguards and other control mechanisms and the appli- 
cation of the peaceful use assurances of the relevant 
agreement to ensure that assistance to be furnished pur- 
suant to the subsequent arrangement will not be used 
to further any military or nuclear explosive purpose. 
For the purposes of this section, the term 'subsequent 



42 U.S.C. 2160, 
Consultation. 



42 U.S.C. 2121, 
2164. 



Notice, 

publication in 
the Federal 
Register. 



Nuclear 
Proliferation 
Assessment 
Statement. 



"Subsequent 
arrangements.' 



89 Public Law 95-242 (92 Stat. 138) (1978), sec. 308, added sec. 130. 



70 

arrangements' means arrangements entered into by any 
agency or department of the United States Government 
with respect to cooperation with any nation or group 
of nations (but not purely private or domestic arrange- 
ments) involving — 
contracts. "(A) contracts for the furnishing of nuclear ma- 

terials and equipment ; 

"(B) approvals for the transfer, for which prior 
approval is required under an agreement for co- 
operation, by a recipient of any source or special 
nuclear material, production or utilization facility, 
or nuclear technology ; 

"(C) authorization for the distribution of nu- 
clear materials and equipment pursuant to this Act 
Post' P ' 1 ili which is not subject to the procedures set forth in 

i4i. ' PP ' section 111 b., section 126, or section 109 b. ; 

"(D) arrangements for physical security ; 
"(E) arrangements for the storage or disposition 
of irradiated fuel elements : 

"(F) arrangements for the application of safe- 
guards with respect to nuclear materials and equip- 
ment; or 

"(G) any other arrangement which the President 
finds to be important from the standpoint of pre- 
venting proliferation. 
"(3) The United States will give timely consideration 
to all requests for prior approval, when required by this 
Act, for the reprocessing of material proposed to be ex- 
ported, previously exported and subject to the applicable 
agreement for cooperation, or special nuclear material 
produced through the use of such material or a produc- 
tion or utilization facility transferred pursuant to such 
agreement for cooperation, or to the altering of irradi- 
ated fuel elements containing such material, and addi- 
tionally, to the maximum extent feasible, will attempt to 
expedite such consideration when the terms and condi- 
tions for such actions are set forth in such agreement for 
cooperation or in some other international agreement ex- 
ecuted by the United States and subject to congressional 
review procedures comparable to those set forth in sec- 
tion 123 of this Act. 
Post, p. 142. « (4) AH other statutory requirements under other sec- 

tions of this Act for the approval or conduct of any 
arrangement subject to this subsection shall continue to 
apply and any other such requirements for prior approval 
or conditions for entering such arrangements shall also 
be satisfied before the arrangement takes effect pursuant 
to subsection a. (1). 

"b. With regard to any special nuclear material ex- 
ported by the United States or produced through the use 
of any nuclear materials and equipment or sensitive nu- 
clear technology exported by the United States — 



71 

"(1) the Secretary of Energy may not enter into SKgLgmai 
any subsequent arrangement for the retransfer of committees, 
any such material to a third country for reprocessing, 
for the reprocessing of any such material, or for the 
subsequent retransfer of any plutonium in quantities 
greater than 500 grams resulting from the reproc- 
essing of any such material, until he has provided the 
Committee on International Relations of the House 
of Representatives and the Committee on Foreign 
Relations of the Senate with a report containing his 
reasons for entering into such arrangement and a 
period of 15 days of continuous session (as defined 
in subsection 130 g. of this Act) has elapsed : Pro- Pott, p. 139. 
vided, however, That if in the view of the President 
an emergency exists due to unforeseen circumstances 
requiring immediate entry into a subsequent arrange- 
ment, such period shall consist of fifteen calendar 
days ; 

"(2) the Secretary of Energy may not enter into 
any subsequent arrangement for the reprocessing of 
any such material in a facility which has not proc- 
essed power reactor fuel assemblies or been the sub- 
ject of a subsequent arrangement therefor prior to 
the date of enactment of the Nuclear Non-Prolifera- 
tion Act of 1978 or for subsequent retransfer to a 
non-nuclear-weapon state of any plutonium in quan- 
tities greater than 500 grams resulting from such 
reprocessing, unless in his judgment, and that of the 
Secretary of State, such reprocessing or retransfer 
will not result in a significant increase of the risk of 
proliferation beyond that which exists at the time 
that approval is requested. Among all the factors in 
making this judgment, foremost consideration will 
be given to whether or not the reprocessing or re- 
transfer will take place under conditions that will 
ensure timely warning to the United States of any 
diversion well in advance of the time at which the 
non-nuclear-weapon state could transform the di- 
verted material into a nuclear explosive device ; and 

"(3) the Secretary of Energy shall attempt to en- 
sure, in entering into any subsequent arrangement 
for the reprocessing of any such material in any fa- 
cility that has processed power reactor fuel assem- 
blies or been the subject of a subsequent arrange- 
ment therefor prior to the date of enactment of the 
Nuclear Non-Proliferation Act of 1978, or for the 
subsqeuent retransfer to any non-nuclear-weapon 
state of any plutonium in quantities greater than 500 
grams resulting from such reprocessing, that such 
reprocessing or retransfer shall take place under con- 
ditions comparable to those which in his view, and 
that of the Secretary of State, satisfy the standards 
set forth in paragraph (2) . 



72 



Nuclear 
materials, 
reprocessing or 
transfer 
procedures. 



Controversial 
requests, 

identification. 

Standards and 

criteria. 

Nuclear 

Proliferation 

Assessment 

Statement. 

Presidential 

waiver. 

Notice to 

congressional 

committees. 



"c. The Secretary of Energy shall, within ninety days 
after the enactment of this section, establish orderly and 
expeditious procedures, including provision for neces- 
sary administrative actions and inter-agency memoranda 
of understanding, which are mutually agreeable to the 
Secretaries of State, Defense, and Commerce, the Direc- 
tor of the Arms Control and Disarmament Agency, and 
the Nuclear Kegulatory Commission for the considera- 
tion of requests for subsequent arrangements under this 
section. Such procedures shall include, at a minimum, ex- 
plicit direction on the handling of such requests, express 
deadlines for the solicitation and collection of the views 
of the consulted agencies (with identified officials respon- 
sible for meeting such deadlines), an inter-agency co- 
ordinating authority to monitor the processing of such 
requests, predetermined procedures for the expeditious 
handling of intra-agency and inter-agency disagreements 
and appeals to higher authorities, frequent meetings of 
inter-agency administrative coordinators to review the 
status of all pending requests, and similar administrative 
mechanisms. To the extent practicable, an applicant 
should be advised of all the information required of the 
applicant for the entire process for every agency's needs 
at the beginning of the process. Potentially controversial 
requests should be identified as quickly as possible so 
tli at any required policy decisions or diplomatic con- 
sultations can be initiated in a timely manner. An im- 
mediate effort should be undertaken to establish quickly 
any necessary standards and criteria, including the na- 
ture of any required assurance or evidentiary showings, 
for the decisions required under this section. Further, 
such procedures shall specify that if he intends to pre- 
pare a Nuclear Proliferation Assessment Statement, the 
Director shall so declare in his response to the Depart- 
ment of Energy. If the Director declares that he in- 
tends to prepare such a Statement, he shall do so within 
sixty days of his receipt of a copy of the proposed sub- 
sequent arrangement (during which time the Secretary 
of Energy may not enter into the subsequent arrange- 
ment), unless pursuant to the Director's request, the 
President waives the sixty-day requirement and notifies 
the Committee on International Relations of the House 
of Representatives and the Committee on Foreign Rela- 
tions of the Senate of such waiver and the justification 
therefor. The processing of any subsequent arrangement 
proposed and filed as of the date of enactment of this 
section shall not be delayed pending the development 
and establishment of procedures to implement the re- 
quirements of this section. 

"d. Nothing in this section is intended to prohibit, 
permanently or unconditionally, the reprocessing of spent 
fuel owned by a foreign nation which fuel has been sup- 



73 

plied by the United States, to preclude the United States 
from full participation in the International Nuclear Fuel 
Cycle Evaluation provided for in section 105 of the Nu- 
clear Non-Proliferation Act of 1978; to in any way limit 
the presentation or consideration in that evaluation of 
any nuclear fuel cycle by the United States or any other 
participation: nor to prejudice open and objective con- 
sideration of the results of the evaluation. 

"e. Notwithstanding subsection 402(d) of the Depart- 42 u.s.c. 7172. 
ment of Energy Organization Act (Public Law 95-91), 
the Secretary of Energy, and not the Federal Energy 
Regulatory Commission, shall have sole jurisdiction with- 
in the Department of Energy over any matter arising 
from any function of the Secretary of Energy in this 
section. 

"f. (1) With regard to any subsequent arrangement Presidential 

j.. y±/ " te ,„•' n 1 -.. ° .,- plan, submittal 

under subsection a. (2) (E) (for the storage or disposition t o congress. 
of irradiated fuel elements) , where such arrangement in- 
volves a direct or indirect commitment of the United 
States for the storage or other disposition, interim or per- 
manent, of any foreign spent nuclear fuel in the United 
States, the Secretary of Energy may not enter into any 
such subsequent arrangement, unless : 

"(A) (i) Such commitment of the United States 
has been submitted to the Congress for a period of 
sixty days of continuous session (as defined in sub- 
section 130 g. of this Act) and has been referred to p tt, p. 139. 
the Committee on International Relations of the 
House of Representatives and the Committee on For- 
eiem Relations of the Senate, but any such commit- 
ment shall not become effective if during such sixty- 
day period the Congress adopts a concurrent resolu- 
tion stating in substance that it does not favor the 
commitment, any such commitment to be considered 
pursuant to the procedures set forth in section 130 
of this Act for the consideration of Presidential sub- 
mission: or (ii) if the President has submitted a 
detailed generic plan for such disposition or storage 
in the United States to the Congress for a period of 
sixty days of continuous session (as defined in sub- 
section 130 g. of this Act) , which plan has been re- 
ferred to the Committee on International Relations 
of the House of Representatives and the Committee 
on Foreign Relations of the Senate and has not been 
disapproved during such sixty-day period by the 
adoption of a concurrent resolution stating in sub- 
stance that Congress does not favor the plan ; and the 
commitment is subject to the terms of an effective 
plan. Any such plan shall be considered pursuant to 
the procedures set forth in section 130 of this Act for 
the consideration of Presidential submissions : 

"(B) The Secretary of Energy has complied with 
subsection a. ; and 

38-938 — 79 6 



74 



Ante, p. 125. 
Post, p. 131. 



Notice to 

congressional 

committees. 



Plan, contents. 



"Foreign spent 
nuclear fuel." 



Ante, p. 125. 



Ante, p. 127. 
42 U.S.C. 2075. 



"(C) The Secretary of Energy has complied, or 
in the arrangement will comply with all other statu- 
tor}^ requirements of this Act, under sections 54 and 
55 and any other applicable sections, and any other 
requirements of law. 
"(2) Subsection (1) shall not apply to the storage or 
other disposition in the United States of limited quanti- 
ties of foreign spent nuclear fuel if the President deter- 
mines that (A) a commitment under section 54 or 55 
of this Act of the United States for storage or other dis- 
position of such limited quantities in the United States 
is required by an emergency situation, (B) it is in the 
national interest to take such immediate action, and (C) 
he notifies the Committees on International Relations 
and Science and Technology of the House of Representa- 
tives and the Committees on Foreign Relations and 
Energy and Natural Resources of the Senate of the 
determination and action, with a detailed explanation 
and justification thereof, as soon as possible. 

"(3) Any plan submitted by the President under sub- 
section f. (1) shall include a detailed discussion, with 
detailed information, and any supporting documentation 
thereof, relating to policy objectives, technical descrip- 
tion, geographic information, cost data and justifications, 
legal and regulatory considerations, environmental im- 
pact information and any related international agree- 
ments, arrangements for understandings. 

"(4) For the purposes of this subsection, the term 
'foreign spent nuclear fuel' shall include any nuclear 
fuel irradiated in any nuclear power reactor located out- 
side of the United States and operated by any foreign 
legal entity, government or nongovernment, regardless 
of the legal ownership or other control of the fuel or 
the reactor and regardless of the origin or licensing of 
the fuel or reactor, but not including fuel irradiated in 
a research reactor. 

"(b)(1) Section 54 of the 1954 Act is amended by 
adding new subsection e. as follows, 

"e. The authority in this section to commit United 
States funds for any activities pursuant to any sub- 
sequent arrangement under section 131 a. (2)(E) shall 
be subject to the requirements of section 131. 

"(2) Section 55 of the 1954 Act is amended by adding 
a proviso at the end of the section as follows, "Providing, 
That the authority in this section to commit United 
States funds for any activities pursuant to any sub- 
sequent arrangement under section 131 a. (2) (E) shall 
be subject to the requirements of section 131. 90 



60 Public Law 95-242 (92 Stat. 127) (1978), sec. 303(a), added sec. 131. 



id 



"CHAPTER 12. CONTROL OF INFORMATION 

"Sec. 141. Policy.— It shall be the policy of the Com- 
mission to control the dissemination and declassification 
of Restricted Data in such a manner as to assure the com- 
mon defense and security. Consistent with such policy, 
the Commission shall be guided by the following 
principles : 

"a. Until effective and enforceable international safe- 
guards against the use of atomic energy for destructive 
purposes have been established by an international ar- 
rangement, there shall be no exchange of Restricted 
Data with other nations except as authorized by section 
144; and 

"b. The dissemination of scientific and technical infor- 
mation relating to atomic energy should be permitted and 
encouraged so as to provide that free interchange of ideas 
and criticism which is essential to scientific and industrial 
progress and public understanding and to enlarge the 
fund of technical information. 

"Sec. 142. Classification and Declassification of 
Restricted Data. — 

"a. The Commission shall from time to time determine 
the data, within the definition of Restricted Data, which 
can be published without undue risk to the common de- 
fense and security and shall thereupon cause such data 
to be declassified and removed from the category of 
Restricted Data. 

"b. The Commission shall maintain a continuous re- 
view of Restricted Data and of any Classification Guides 
issued for the guidance of those in the atomic energy 
program with respect to the areas of Restricted Data 
which have been declassified in order to determine which 
information may be declassified and removed from the 
category of Restricted Data without undue risk to the 
common defense and security. 

"c. In the case of Restricted Data which the Commis- 
sion and the Department of Defense jointly determine to 
relate primarily to the military utilization of atomic 
weapons, the determination that such data may be pub- 
lished without constituting an unreasonable risk to the 
common defense and security shall be made by the Com- 
mission and the Department of Defense jointly, and if 
the Commission and the Department of Defense do not 
agree, the determination shall be made by the President. 

"d. The Commission shall remove from the Restricted 
Data category such data as the Commission and the 
Department of Defense jointly determine relates pri- 
marily to the military utilization of atomic weapons and 
which the Commission and Department of Defense 
jointly determine can be adequately safeguarded as 



Policy. 

42 u.s.c 

sec. 2161. 



Classification 
and declassifi- 
cation of re- 
stricted data. 
42 U.S.C. 
sec. 2162. 



'0 



61 Stat. 498, 
50 U.S.C. 
403(d). 

Department 
of Defense 
participation. 
42 U.S.C. 
sec. 2163. 



international 
cooperation. 
42 IT.SC. 
sec 2104 



defense information: Provided, however, That no such, 
data so removed from the Restricted Data category shall 
be transmitted or otherwise made available to any nation 
or regional defense organization, while such data remains 
defense information, except pursuant to an agreement for 
cooperation entered into in accordance with subsection 
144 b. 

"e. The Commission shall remove from the Restricted 
Data category such information concerning the atomic 
energy programs of other nations as the Commission and 
the Director of Central Intelligence jointly determine to 
be necessary to carry out the provisions of section 102(d) 
of the National Security Act of 1947, as amended, and 
can be adequately safeguarded as defense information. 

"Sec. 143. Department of Defense Participation. — 
The Commission may authorize any of its employees, or 
employees of any contractor, prospective contractor, 
licensee or prospective licensee of the Commission or any 
other person authorized access to Restricted Data by the 
Commission under subsections 145 b. and 145 c. 91 &2 to 
permit any employee of an agency of the Department of 
Defense or of its contractors, or any member of the 
Armed Forces to have access to Restricted Data required 
in the performance of his duties and so certified by the 
head of the appropriate agency of the Department of 
Defense or his designee: Provided, however, That the 
head of the appropriate agency of the Department of 
Defense or his designee has determined, in accordance 
with the established personnel security procedures and 
standards of such agency, that permitting the member or 
employee to have access to such Restricted Data will not 
endanger the common defense and security: And pro- 
vided further, That the Secretary of Defense finds that 
the established personnel and other security procedures 
and standards of such agency are adequate and in reason- 
able conformity to the standards established by the Com- 
mission under section 145. 

"Sec. 144. International Cooperation. — 
"a. The President may authorize the Commission to 
cooperate with another nation and to communicate to 
that nation Restricted Data on — 

'•(1) refining, purification, and subsequent treat- 
ment of source material ; 

"(2) civilian reactor development ; 

"(3) production of special nuclear material; 

" (4) health and safety ; 

"(5) industrial and other applications of atomic 
energy for peaceful purposes ; and 

"(6) research and development relating to the 
foregoing : 

« Public Law 84-100G (70 Stat. 1000) (1956), sec. 14. added the words : 
"or any other person authorized access to Restricted Data by the Com- 
mission under subsection 145 b." 

82 Public Law 87-200 (7.1 Stat. 475) (1961), sec. 5. deleted the words 
"subsection 145 b. ? ' and substituted in lieu thereof the words, "subsections 
145 b. and 145 c.". 



77 

Provided, however, That no such cooperation shall 
involve the communication of Restricted Data relating 
to the design or fabrication of atomic weapons: And 
provided further, That the cooperation is undertaken 
pursuant to an agreement for cooperation entered into 
m accordance with section 123, or is undertaken pursuant 
to an agreement existing on the effective date of this 
Act. 93 

"b. The President may authorize the Department of googerattoa 
Defense, with the assistance of the Commission, to co- Department. 
operate with another nation or with a regional defense 
organization to which the United States is a party, and 
to communicate to that nation or organization such 
Restricted Data (including design information) as is 
necessary to — 

" ( 1 ) the development of defense plans ; 
"(2) the training of personnel in the employment 
of and defense against atomic weapons and other 
military applications of atomic energy ; 

"(3) the evaluation of the capabilities of poten- 
tial enemies in the employment of atomic weapons 
and other military applications of atomic energy; 
and 

"(4) the development of compatible delivery sys- 
tems for atomic weapons ; 
whenever the President determines that the proposed 
cooperation and the proposed communication of the Re- 
stricted Data will promote and will not constitute an un- 
reasonable risk to the common defense and security, while 
such other nation or organization is participating with 
the United States pursuant to an international arrange- 
ment by substantial and material contributions to the 
mutual defense and security: Provided, however * That 
the cooperation is undertaken pursuant to an agreement 
entered into in accordance with section 123. 94 



w Public Law 85-479 (72 Stat. 276) (1958). sec. 5, amended subsec. a. 
of sec. 144 by inserting the word "civilian" before the words "reactor 
development" in clause (2) thereof. 

M Public Law 85-479 (72 Stat. 27G) (1958). sec. 6. amended sec. 144 
by substituting a new subsec. b. Before amendment subsec. b. read as 
follows : 

"b. The President may authorize the Department of Defense, with the 
assistance of the Commission, to cooperate with another nation or with a 
regional defense organization to which the United States is a party, and 
to communicate to that nation or organization such Restricted Data as 
1s necessary to — 

"(1) the development of defense plans ; 

"(2) the training of personnel in the employment of and defense 
against atomic weapons ; and 

"(3) the evaluation of the capabilities of potential enemies in the 
employment of atomic weapons, 
while such other nation or organization is participating with the United 
States pursuant to an international arrangement by substantial and 
material contribuUons to the mutual defense and security : Provided, 
however, That no such cooperation shall involve communication of 
Restricted Data relating to the design or fabrication of atomic weapons 
except with regard to external characteristics, including size, weight, and 
shape, yields and effects, and systems employed in the delivery or use 
thereof but not including any data in these categories unless in the joint 
judgment of the Commission and the Department of Defense such data 
will not reveal important information concerning the design or fabrication 
of the nuclear components of an atomic weapon : And provided further, 
That the cooperation is undertaken pursuant to an agreement entered 
into in accordance with section 123." 



78 



Restrictions. 
42 U.S.C. 
sec. 2165. 



Investigations 
by CSC. 



u c. In addition to the cooperation authorized in sub- 
sections 144 a. and 144 b., the President may authorize 
the Commission, with the assistance of the Department 
of Defense, to cooperate with another nation and — 

"(1) to exchange with that nation Restricted 
Data concerning atomic weapons: Provided, That 
communication of such Restricted Data to that 
nation is necessary to improve its atomic weapon 
design, development, or fabrication capability and 
provided that nation has made substantial prog- 
ress in the development of atomic weapons; and 
"(2) to communicate or exchange with that na- 
tion Restricted Data concerning research, develop- 
ment, or design, of military reactors, 
whenever the President determines that the proposed 
cooperation and the communication of the proposed 
Restricted Data will promote and will not constitute an 
unreasonable risk to the common defense and security, 
while such other nation is participating with the United 
States pursuant to an international arrangement by sub- 
stantial and material contributions to the mutual defense 
and security : Provided, however, That the cooperation is 
undertaken pursuant to an agreement entered into in 
accordance with section 123. 

"d. The President may authorize any agency of the 
United States to communicate in accordance with the 
terms and conditions of an agreement for cooperation 
arranged pursuant to subsection 144 a., b., or c, such Re- 
stricted Data as is determined to be transmissable under 
the agreement for cooperation involved. 95 
"Sec. 145. Restrictions. — 

"a. No arrangement shall be made under section 31, 
no contract shall be made or continued in effect under 
section 41, and no license shall be issued under section 
103 or 104, unless the person with whom such arrange- 
ment is made, the contractor or prospective contractor, 
or the prospective licensee agrees in writing not to per- 
mit any individual to have access to Restricted Data until 
the Civil Service Commission shall have made an investi- 
gation and report to the Commission on the character, 
associations, and loyalty of such individual, and the Com- 
mission shall have determined that permitting such per- 
son to have access to Restricted Data will not endanger 
the common defense and security. 

u b. Except as authorized by the Commission or the 
General Manager upon a determination by the Commis- 
sion or General Manager that such action is clearly con- 
sistent with the national interest, no individual shall be 
employed by the Commission nor shall the Commission 
permit any individual to have access to Restricted Data 



« Public Law 85-479 (72 Stat. 276) (1958), sec. 7, amended sec. 144 
by addinjr subseca. c. aDd d. 



79 

until the Civil Service Commission shall have made an 
investigation and report to the Commission on the char- 
acter, associations, and loyalty of such individual, and 
the Commission shall have determined that permitting 
such person to have access to Restricted Data will not 
endanger the common defense and security. 

"c. In lieu of the investigation and report to be made 
by the Civil Service Commission pursuant to subsection 
b. of this section, the Commission may accept an investi- 
gation and report on the character, associations, and 
loyalty of an individual made by another Government 
agency which conducts personnel security investigations, 
provided that a security clearance has been granted to 
such individual by another Government agency based on 
such investigation and report. 

"d. In the event an investigation made pursuant to JJ v f5if atlon * 
subsections a. and b. of this section develops any data 
reflecting that the individual who is the subject of the 
investigation is of questionable loyalty, the Civil Service 
Commission shall refer the matter to the Federal Bureau 
of Investigation for the conduct of a full field investiga- 
tion, the results of which shall be furnished to the Civil 
Service Commission for its information and appropriate 
action. 

"e. If the President deems it to be in the national 
interest he may from time to time determine that investi- 
gations of any group or class which are required by sub- 
sections a., b., and c. of this section be made by the 
Federal Bureau of Investigation. 

"f. Notwithstanding the provisions of subsections a., 
b., and c. of this section, a majority of the members of 
the Commission shall certify those specific positions 
which are of a high degree of importance or sensitivity, 
and upon such certification,^ the investigation 96 and 
reports required by such provisions shall be made by the 
Federal Bureau of Investigation. 

"g. The Commission shall establish standards and 
specifications in writing as to the scope and extent of 
investigations, the reports of which will be utilized by the 
Commission in making the determination, pursuant to 
subsections a., b., and c. of this section, that permitting a 
person access to restricted data will not endanger the 
common defense and security. Such standards and 
specifications shall be based on the location and class or 
kind of work to be done, and shall, among other consid- 
erations, take into account the degree of importance to 
the common defense and security of the Restricted Data 
to which access will be permitted. 

"h. Whenever the Congress declares that a state of war 
exists, or in the event of a national disaster due to enemy 
attack, the Commission is authorized during the state of 

86 Public Law 87-615 (76 Stat. 409) (1962), sec. 10, amended subsec. 
145 £. by striking out a comma after the word "investigation". 



80 



General 
provisions. 
42 U.S.C. 
flee. 2166. 



war or period of national disaster due to enemy attack 
to employ individuals and to permit individuals access 
to Restricted Data pending the investigation report, and 
determination required by section 145 b., to the extent 
that and so long as the Commission finds that such action 
is required to prevent impairment of its activities in fur- 
therance of the common defense and security. 97 

"Sec. 146. General Provisions. — 

"a. Sections 141 to 145, inclusive, shall not exclude the 
applicable provisions of any other laws, except that no 
Government agency shall take any action under such 
other laws inconsistent with the provisions of those 
sections. 

"b. The Commission shall have no power to control or. 
restrict the dissemination of information other than as 
granted by this or any other law. 



e " Public Law 87-206 (75 Stat. 475) (1961), sec. 6, amended sec. 145 
by redesignating subsec. c. as subsec. d. and subsec. g. as subsec. h. 
This amendment also added new subsecs. "c", "e", "f", and "g". Before 
amendment, the section read as follows : 

"Sec. 145. Restrictions. — 

"a. No arrangement shall be made under section 31, no contract shall 
be made or continued in effect under section 41, and no license shall be 
issued under section 103 or 104, unless the person with whom such ar- 
rangement is made, the contractor or prospective contractor, or the 
prospective licensee agrees in writing not to permit any individual to 
have access to Restricted Data until the Civil Service Commission shall 
have made an investigation and report to the Commission on the char- 
acter, associations, and loyalty of such individual, and the Commission 
shall have determined that permitting such person to have access to 
Restricted Data will not endanger the common defense and security. 

"b. Except as authorized by the Commission or the General Manager 
upon a determination by the Commission or General Manager that such 
action is clearly consistent with the national interest, no individual shall 
be employed by the Commission nor shall the Commission permit any 
individual to have access to Restricted Data until the Civil Service Com- 
mission shall have made an investigation and report to the Commission oa 
the character, associations, and loyalty of such individual, and the Com- 
mission shall have determined that permitting such person to have access 
to Restricted Data will not endanger the common defense and security. 

"c. In the event an investigation made pursuant to subsections a. and 
b. of this section develops any data reflecting that the individual who is 
the subject of the investigation is of questionable loyalty, the Civil Service 
Commission shall refer the matter to the Federal Bureau of Investigation 
for the conduct of a full field investigation, the results of which shall o<> 
furnished to the Civil Service Commission for its information and appro- 
priate action. 

"d. If the President deems it to be in the national interest, he may from 
time to time cause investigations of any group or class which are required 
by subsections a. and b. of this section to be made by the Federal Bureau 
of Investigation instead of by the Civil Service Commission. 

"e. Notwithstanding the provisons of subsections a. and b. of this sec- 
tion, a majority of the members of the Commission shall certify those 
specific positions which are of a high degree of importance or sensitivity 
and upon such certification the investigation and reports required by such 
provisions shall be made by the Federal Bureau of Investigation Instead 
of by the Civil Service Commission. 

"f. The Commission shall establish standards and specifications in 
writing as to the scope and extent of investigations to be made by th« 
Civil Service Commission pursuant to subsections a. and b. of this section. 
Such standards and specifications shall be based on the location and el aw 
or kind of work to be done, and shall, among other considerations, tafc*» 
into account the degree of importance to the common defense and security 
of the Restricted Data to which access will be permitted. 

"g. Whenever the Congress declares that a state of war exists, or in th« 
event of a national disaster due to enemy attack, the Commission is au- 
thorized during the state of war or period of national disaster due to 
enemy attack to employ individuals and to permit individuals access to 
Restricted Data pending the investigation report, and determination 
required by section 145 b., to the extent that and so long as the Commis- 
sion finds that such action is required to prevent impairment of its activi- 
ties in furtherance of the common defense and security." 



8L 



Inventions 
reports. 



"CHAPTER 13. PATENTS AND INVENTIONS 

"Sec. 151. Inventions Relating to Atomic Weapons, J^iatingto 
and Filing of Reports. — 97 ° atomic 

"a. No patent shall hereafter be granted for any in- ri a u. s!c. 
vention or discovery which is useful solely in the utili- 8ec - 2181 - 
zation of special nuclear material or atomic energy in an 
atomic weapon. Any patent granted for any such in- 
vention or discovery is hereby revoked, and just compen- 
sation shall be made therefor. 

"b. No patent hereafter granted shall confer any 
rights with respect to any invention or discovery to the 
extent that such invention or discovery is used in the uti- 
lization of special nuclear material or atomic energy in 
atomic weapons. Any rights conferred by any patent 
heretofore granted for any invention or discovery are 
hereby revoked to the extent that such invention or dis- 
covery is so used, and just compensation shall be made 
therefor. 

"c. Any person who has made or hereafter makes any 
invention or discovery useful in the production or utili- 
zation of special nuclear material or atomic energy, shall 
file with the Commission a report containing a complete 
description thereof unless such invention or discovery 
is described in an application for a patent filed with the 
Commissioner of Patents by such person within the time 
required for the filing of such report. The report cover- 
ing any such invention or discovery shall be filed on or 
before the one hundred and eightieth day after such per- 
son first discovers or first has reason to believe that such 
invention or discovery is useful in such production or 
utilization. 98 

"d. The Commissioner of Patents shall notify the 
Commission of all applications for patents heretofore 
or hereafter filed which, in his opinion, disclose inven- 
tions or discoveries required to be reported under sub- 
section 151 c, and shall provide the Commission access 
to all such applications. 

_ "e. Reports filed pursuant to subsection c. of this sec- 
tion, and applications to which access is provided under 
subsection d. of this section, shall be kept in confidence by 



9 ^ Public Law 87-206 (75 Stat. 475) (1061), sec. 7, changed the title 
of this section. The title prior to amendment was "Military Utilisation." 
"Public Law 87-206 (75 Stat. 475) (1961), sec. 8, amended sec. 151c. 
Before amendment section 151c. read as follows : 

"c. Any person who has made or hereafter makes any invention or 
discovery useful (1) in the production or utilization of special nuclear 
material or atomic energy; (2) in the utilization of special nuclear 
material in an atomic weapon; or (3) in the utilization of atomic energy 
in an atomic weapon, shall file with the Commission a report containing 
a complete description thereof unless such invention or discovery is 
described in an application for a patent filed witb the Commissioner of 
Patents by such person within the time required for the filing of such 
report. The report covering any such invention or discovery shall be 
filed on or before whichever of the following is the later : either the 
ninetieth day after completion of such invention or discovery ; or the 
ninetieth day after such person first discovers or first has reason to 
believe that such invention or discovery is useful in such production or 
utilization " 



82 



Invention con- 
ceived during 
Commission 
contracts. 
42 U.S.C. 
sec. 2182. 



the Commission, and no information concerning the same 
given without authority of the inventor or owner unless 
necessary to carry out the provisions of any Act of Con- 
gress or in such special circumstances as may be deter- 
mined by the Commission." 

"Sec. 152. Inventions Made or Conceived During 
Commission Contracts. — Any invention or discovery, 
useful in the production or utilization of special nuclear 
material or atomic energy, made or conceived in the 
course of or under any contract, subcontract, or arrange- 
ment entered into with or for the benefit of the Commis- 
sion, regardless of whether the contract, subcontract, or 
arrangement involved the expenditure of funds by the 
Commission, shall be vested in, and be the property of, 
the Commission, except that the Commission may waive 
its claim to any such invention or discovery under such 
circumstances as the Commission may deem appropriate, 
consistent with the policy of this section. No patent for 
any invention or discovery, useful in the production or 
utilization of special nuclear material or atomic energy, 
shall be issued unless the applicant files with the appli- 
cation, or within thirty days after request therefor by 
the Commissioner of Patents (unless the Commission 
advises the Commissioner of Patents that its rights have 
been determined and that accordingly no statement is 
necessary) a statement under oath setting forth the full 
facts surrounding the making or conception of the inven- 
tion or discovery described in the application and whether 
the invention or discovery was made or conceived in the 
course of or under any contract, subcontract, or arrange- 
ment entered into with or for the benefit of the Commis- 
sion, regardless of whether the contract, subcontract, or 
arrangement involved the expenditure of funds by the 
Commission. The Commissioner of Patents shall as soon 
as the application is otherwise in condition for allow- 
ance 10 ° forward copies of the application and the state- 
ment to the Commission. 

"The Commissioner of Patents may proceed with the 
application and issue the patent to the applicant (if the 
invention or discovery is otherwise patentable) unless 
the Commission, within 90 days after receipt of copies 
of the application and statement, directs the Commis- 
sioner of Patents to issue the patent to the Commission 
(if the invention or discovery is otherwise patentable) 
to be held by the Commission as the agent of and on 
behalf of the United States. 

"If the Commission files such a direction with the 
Commissioner of Patents, and if the applicant's state- 
ment claims, and the applicant still believes, that the 
invention or discovery was not made or conceived in the 



» Public Law 87-206 (75 Stat. 475) (1961), see 9. added subsec. e. 
ioo Amended by Public Law 87-615 (76 Stat. 409) (1962), sec. 11. Prior 
to amendment word was "allowances". 



S3 

course of or under any contract, subcontract or arrange- 
ment entered into with or for the benefit of the Commis- 
sion entitling the Commission to the title to the applica- 
tion or the patent the applicant may, within 30 days 
after notification of the filing of such a direction, request 
a hearing before a Board of Patent Interferences. The 
Board shall have the power to hear and determine 
whether the Commission was entitled to the direction 
filed with the Commissioner of Patents. The Board shall 
follow the rules and procedures established for inter- 
ference cases and an appeal may be taken by either the 
applicant or the Commission from the final order of the 
Board to the Court of Customs and Patent Appeals in 
accordance with the procedures governing the appeals 
from the Board of Patent Interferences. 

"If the statement filed by the applicant should there- 
after be found to contain false material statements any 
notification by the Commission that it has no objections 
to the issuance of a patent to the applicant shall not be 
deemed in any respect to constitute a waiver of the pro- 
visions of this section or of any applicable civil or crim- 
inal statute, and the Commission may have the title to 
the patent transferred to the Commission on the records 
of the Commissioner of Patents in accordance with the 
provisions of this section. A determination of rights by 
the Commission pursuant to a contractual provision or 
other arrangement prior to the request of the Commis- 
sioner of Patents for the statement, shall be final in the 
absence of false material statements or nondisclosure of 
material facts by the applicant. 101 

101 Public Law 87-206 (75 Stat. 475) (1961), sec. 10, amended sec. 152. 
Before amendment this section read as follows : 

"Sec. 152. Inventions Conceived During Commission Contracts. — 
Any invention or discovery, useful in the production or utilization of 
special nuclear material or atomic energy, made or conceived under any 
contract, subcontract, arrangement, or other relationship with the Com- 
mission, regardless of whether the contract or arrangement involved the 
expenditure of funds by the Commission, shall be deemed to have been 
made or conceived by the Commission, except that the Commission may 
waive its claim to any such invention or discovery if made or conceived by 
any person at or in connection with any labpratory under the jurisdiction 
of the Commission as provided in section 33, or under such other cir- 
cumstances as the Commission may deem appropriate. No patent for any 
invention or discovery, useful in the production or utilization of special 
nuclear material or atomic energy, shall be issued unless the applicant 
flies with the application, or within 30 days after request therefor by the 
Commissioner of Patents, a statement under oath setting forth the full 
facts surrounding the making or conception of the Invention or discovery 
described in the application and whether the invention or discovery was 
made or conceived in the course of, in connection with or under the terms 
of any contract, subcontract, arrangement, or other relationship with the 
Commission, regardless of whether the contract or arrangement involved 
the expenditure of funds by the Commission. The Commissioner of 
Patents shall forthwith forward copies of the application and the state- 
ment to the Commission. 

"The Commissioner of Patents may proceed with the application and 
issue the patent to the applicant (if the invention or discovery is other- 
wise patentable) unless the Commission, within 90 days after receipt of 
copies of the application and statement, directs the Commissioner of 
Patents to issue the patent to the Commission (if the invention or dis- 
covery is otherwise patentable) to be held by the Commission as the agent 
of and on behalf of the United States. 

"If the Commission files such a direction with the Commissioner of 
Patents, and if the applicant's statement claims, and the applicant still 
brtloves. that the invention or discovery was not made or conceived in the 
•course of, in connection with, or under the terms of any contract, subcon- 

(Contlnued) 



•ec. 2183. 



84 

ntm™ation ri "SeC. 153. NOXMILTTART UTILIZATION. — 

42 ris.c. ' "a. The Commission may, after giving the patent 

owner an opportunity for a hearing, declare any patent 
to be affected with the public interest if (1) the inven- 
tion or discovery covered by the patent is of primary 
importance in the production or utilization of special 
nuclear material or atomic energy; and (2) the licensing 
of such invention or discovery under this section is of 
primary importance to eifectuate the policies and pur- 
poses of this Act. 

"b. Whenever any patent has been declared affected 
with the public interest, pursuant to subsection 153 a. — 
"(1) the Commission is hereby licensed to use 
the invention or discovery covered by such patent 
in performing any of its powers under this Act ; and 
"(2) any person may apply to the Commission 
for a nonexclusive patent license to use the invention 
or discovery covered by such patent, and the Com- 
mission shall grant such patent license to the extent 
that it finds that the use of the invention or dis- 
covery is of primary importance to the conduct of 
an activity by such person authorized under this 
Act. 
"c. Any person — 

"(1) who has made application to the Commis- 
sion for a license under sections 53, 62, 63, 81, 103, 
or 104, or a permit or lease under section 67; 

"(2) to whom such license, permit, or lease has 
been issued by the Commission ; 

"(3) who is authorized to conduct such activities 
as such applicant is conducting or proposes to con- 
duct under a general license issued by the Commis- 
sion under sections 62 or 81 ; or 

"(4) whose activities or proposed activities are 
authorized under section 31, 
may at any time make application to the Commission 
for a patent license for the use of an invention or discov- 
ery useful in the production or utilization of special 
nuclear material or atomic energy covered by a patent. 
Each such application shall set forth the nature and pur- 

CContinned) 

tract, arrangement, or other relationship with the Commission entitling 
the Commission to take title to the application or the patent the applicant 
may. within 30 days after notification of the filing of such a direction, 
request a hearing before a Board of Patent Interferences. The Board 
shall have the power to hear and determine whether the Commission was 
entitled to the direction filed with the Commissioner of Patents. The 
Board shall follow the rules and procedures established for interference 
cases and an appeal may be taken by either the applicant or the Com- 
mission from the final order of the Board to the Court of Customs and 
Patent Appeals in accordance with the procedures governing the appeals 
from the Board of Patent Interferences. 

"If the statement filed by the applicant should thereafter be found to 
contain false material statements any notification by the Commission that 
It has no objections to the issuance of a patent to the applicant shall not 
be deemed in any respect to constitute a waiver of the provisions of this 
section or of any applicable civil or criminal statute, and the Commission 
may have the title to the patent transferred to the Commission on the 
records of the Commissioner of Patents in accordance with the provision* 
of this section." 



85 

pose of the use which the applicant intends to make of 
the patent license, the steps taken by the applicant to 
obtain a patent license from the owner of the patent, and 
a statement of the effects, as estimated by the applicant, 
on the authorized activities which will result from fail- 
ure to obtain such patent license and which will result 
from the granting of such patent license. 

a d. Whenever any person has made an application to 
the Commission for a patent license pursuant to sub- 
section 153 c. — 

"(1) the Commission, within 30 days after the 
filing of such application, shall make available to 
the owner of the patent all of the information con- 
tained in such application, and shall notify the owner 
of the patent of the time and place at which a hear- 
ing will be held by the Commission ; 

"(2) the Commission shall hold a hearing within 
60 days after the filing of such application at a time 
and place designated by the Commission ; and 

"(3) in the event an applicant applies for two or 
more patent licenses, the Commission may, in its 
discretion, order the consolidation of such applica- 
tions, and if the patents are owned by more than one 
owner, such owners may be made parties to one 
hearing, 
"e. If, after any hearing conducted pursuant to sub- 
section 153 d., the Commission finds that — 

"(1) the invention or discovery covered by the 
patent is of primary importance in the production or 
utilization of special nuclear material or atomic 
energy; 

"(2) the licensing of such invention or discovery 
is of primary importance to the conduct of the activi- 
ties of the applicant ; 

"(3) the activities to which the patent license are 
proposed to be applied by such applicant are of pri- 
mary importance to the furtherance of policies and 
purposes of this Act ; and 

"(4) such applicant cannot otherwise obtain a 
patent license from the owner of the patent on terms 
which the Commission deems to be reasonable for 
the intended use of the patent to be made by such 
applicant, 
the Commission shall license the applicant to use the 
invention or discovery covered by the patent for the pur- 
poses stated in such application on terms deemed equi- 
table by the Commission and generally not less fair than 
those granted by the patents or by the Commission to 
similar licensees for comparable use. 

"f. The Commission shall not grant any patent license 
pursuant to subsection 153 e. for any other purpose than 
that stated in the application. Nor shall the Commission 



86 



Injunctions. 
42 U.S.C. 
sec. 2184. 



Prior art. 
42 U.S.C. 
sec. 2185. 



Commission 
patent licenses. 
42 U.S.C. 
sec. 2186. 



grant any patent license to any other applicant for a 
patent license on the same patent without an application 
being made by such applicant pursuant to subsection 
153 c, and without separate notification and hearing as 
provided in subsection 153 d., and without a separate 
finding as provided in subsection 153 e. 

"g. The owner of the patent affected by a declaration 
or a finding made by the Commission pursuant to sub- 
section 153 b. or 153 e. shall be entitled to a reasonable 
royalty fee from the licensee for any use of an invention 
or discovery licensed by this section. Such royalty fee 
may be agreed upon by such owner and the patent 
licensee, or in the absence of such agreement shall be 
determined for each patent license by the Commission 
pursuant to subsection 157 c. 

"h. The provisions of this section shall apply to any 
patent the application for which shall have been filed 
before September 1, 1979. 102 

"Sec. 154. Injunctions. — No court shall have jurisdic- 
tion or power to stay, restrain, or otherwise enjoin the 
use of any invention or discovery by a patent licensee, to 
the extent that such use is licensed by subsection 153 b. 
or 153 e. If, in any action against such patent licensee, the 
court shall determine that the defendant is exercising 
such license, the measure of damages shall be the royalty 
fee determined pursuant to subsection 157 c, together 
with such costs, interest, and reasonable attorney's fees 
as may be fixed by the court. If no royalty fee has been 
determined, the court shall stay the proceeding until the 
royalty fee is determined pursuant to subsection 157 c. 
If any such patent licensee shall fail to pay such royalty 
fee, the patentee may bring an action in any court of 
competent jurisdiction for such royalty fee, together 
with such costs, interest, and reasonable attorney's fees 
as may be fixed by the court. 

"Sec. 155. Prior Art. — In connection with applica- 
tions for patents covered by this Chapter, the fact that 
the invention or discovery was known or used before 
shall be a bar to the patenting of such invention or dis- 
covery even though such prior knowledge or use was 
under secrecy within the atomic energy program of the 
United States. 

"Sec. 156. Commission Patent Licenses. — The Com- 
mission shall establish standard specifications upon which 
it may grant a patent license to use any patent held by 
the Commission or declared to be affected with the pub- 



"» Public Law 8G-50 (73 Stat. 81) (1950), sec. 114, amended subsec. 
153 h. by changing the date from Sept. 1, 1959, to Sept. 1, 1964. Public 
Law 88-394 (78 Stat. 376) (1964), sec. 1, amended subsec. 153 h. by 
changing the date from Sept. 1, 1964, to Sept. 1, 1969. Public Law 91- 
161 (83 Stat. 444) (1969), sec. 1, amended subsec. 153 h. by changing 
the date from Sept. 1, 1969, to Sept. 1, 1974. Public Law 93-377, sec. 6 
(88 Stat. 475) (1974). amended subsec. 153 h. by changing the date from 
Sept. 1, 1974 to Sept. 1. 1979. 



87 



lie interest pursuant to subsection 153 a. Such a patent 
license shall not waive any of the other provisions of 
this Act. 
"Sec. 157. Compensation, Awards, and Rotalties.- 



Compensation, 
awards, and 



"a. Patent Compensation Board. — The Commission royalties. 



shall designate a Patent Compensation Board to con 
sider applications under this section. The members of 
the Board shall receive a per diem compensation for 
each day spent in meetings or conferences, and all mem- 
bers shall receive their necessary traveling or other ex- 
penses while engaged in the work or the Board. The 
members of the Board may serve as such without regard 
to the provisions of sections 281, 283 ? or 284 of Title 
18 of the United States Code, except in so far as such 
sections may prohibit any such member from receiving 
compensation in respect of any particular matter which 
directly involves the Commission or in which the Com- 
mission is directly interested. 

"b. Eligibility. — 

"(1) Any owner of a patent licensed under section 158 
or subsections 153 b. or 153 e., or any patent licensee 
thereunder may make application to the Commission for 
the determination of a reasonable royalty fee in accord- 
ance with such procedures as the Commission by regu- 
lation may establish. 

"(2) Any person seeking to obtain the just compensa- 
tion provided in section 151 shall make application 
therefor to the Commission in accordance with such 
procedures as the Commission may by regulation 
establish. 

"(3) Any person making any invention or discovery 
useful in the production or utilization of special nuclear 
material or atomic energy, who is not entitled to com- 
pensation or a royalty therefor under this Act and who 
has complied with the provisions of section 151 c. hereof 
may make application to the Commission for, and the 
Commission may grant, an award. The Commission may 
also, after consultation with 103 the General Advisory 
Committee, and with the approval of the President, grant 
an award for any especially meritorious contribution to 
the development, use, or control of atomic energy. 

"c. Standards. — 

"(1) In determining a reasonable royalty fee as pro- 
vided for in subsection 153 b., or 153 e., the Commission 
shall take into consideration (A) the advice of the Pat- 
ent Compensation Board; (B) any defense, general or 
special, that might be pleaded by a defendant in an 
action for infringement ; (C) the extent to which, if any, 
such patent w T as developed through federally financed 
research; and (D) the degree of utility, novelty, and im- 

«» Public Law 93-276 (88 Stat. 115) (1974), sec. 201, amended this 
section by substituting the words "after consultation with" for the words 
"upon the recommendation of". 



42 U.S.C. 
sec. 2187. 



62 Stat 697. 



Eligibility. 



Standards. 



88 



Monopolistic 
use of patents. 
42 U.S.C. 
sec. 2188. 



Federally 
financed 
research. 
42 U.S.C. 
sec. 2189. 



Saving 
clause. 
42 U.S.C. 
sec. 2190. 



portance of the invention or discovery, and may consider 
the cost to the owner of the patent of developing such 
invention or discovery or acquiring such patent. 

"(2) In determining what constitutes just compensa- 
tion as provided for in section 151, or in determining the 
amount of any award under subsection 157 b.(3), the 
Commission shall take into account the considerations 
set forth in subsection 157 c.(l) and the actual use of 
such invention or discovery. Such compensation may be 
paid by the Commission in periodic payments or in 
a lump sum. 

"d. Period of Limitations. — Every application under 
this section shall be barred unless filed within six years 
after the date on which first accrues the right of such 
reasonable royalty fee, just compensation, or award for 
which such application is filed. 104 

"Sec. 158. Monopolistic Use of Patents. — Whenever 
the owner of any patent hereafter granted for any inven- 
tion or discovery of primary use in the utilization or 
production of special nuclear material or atomic energy 
is found by a court of competent jurisdiction to have 
intentionally used such patent in a manner so as to vio- 
late any of the antitrust laws specified in subsection 105 
a., there may be included in the judgment of the court, in 
its discretion and in addition to any other lawful sanc- 
tions, a requirement that such owner license such patent 
to any other licensee of the Commission who demon- 
strates a need therefor. If the court, at its discretion, 
deems that such licensee shall pay a reasonable royalty to 
the owner of the patent, the reasonable royalty shall be 
determined in accordance with section 157. 105 

"Sec. 159. Federally Financed Research. — Nothing 
in this Act shall affect the right of the Commission to 
require that patents granted on inventions made or con- 
ceived during the course of federally financed research 
or operations, be assigned to the United States. 

"Sec. 160. Saving Clause. — Any patent application on 
which a patent was denied by the United States Patent 
Office under sections 11 (a) (1), 11 (a) (2), or 11 (b) of 
the Atomic Energy Act of 1946, 106 and which is not pro- 
hibited by section 151 or section 155 of this Act may be 
reinstated upon application to the Commissioner of Pat- 
ents within one year after enactment of this Act and 
shall then be deemed to have been continuously pending 
since its original filing date: Provided, however, That no 
patent issued upon any patent application so reinstated 
shall in any way furnish a basis of claim against the 
Government of the United States. 



lf * Public Law 87-206 (75 Stat. 475) (1901), sec. 11. addpd subsec. 4. 

105 The second sentence of sec. 158 was amended bv Public Law 87-206 
(75 Stat. 475) (1961). sec. 12. Prior to amendment, it read: "Such 
licensee shall pay a reasonable royalty fee to be determined in accordance 
with section 157, to the owner of the patent. 

106 See Atomic h'nergy Act of 1946, appendix 4, infra, sec. 11. 



89 

"CHAPTER 14. GENERAL AUTHORITY 

"Sec. 161. General Provisions. — In the performance General 
of its functions the Commission is authorized to — Si^sfc 8 " 

' ; a. establish advisory boards to advise with and sec - 2201. 
make recommendations to the Commission on legis- 
lation, policies, administration, research, and other 
matters, provided that the Commission issues regu- 
lations setting forth the scope, procedure, and limita- 
tions of the authority of each such board ; 

M b. establish by rule, regulation, or order, such 
standards and instructions to govern the possession 
and use of special nuclear material, source material, 
and byproduct material as the Commission may 
deem necessary or desirable to promote the common 
defense and security or to protect health or to mini- 
mize danger to life or property : 

"e. make such studies and investigations, obtain 
such information, and hold such meetings or hear- 
ings as the Commission may deem necessary or 
proper to assist it in exercising any authority pro- 
vided in this Act, or in the administration or 
enforcement of this Act, or any regulations or orders 
issued thereunder. For such purposes the Commis- 
sion is authorized to administer oaths and affirma- 
tions, and by subpena to require any person to 27 443 
appear and testify, or to appear and produce docu- 49 u.s.c. 46*. 
ments, or both, at any designated place. Witnesses 
subpenaed under this subsection shall be paid the 
same fees and mileage as are paid witnesses in the 
district courts of the United States ; 107 

"d. appoint and fix the compensation of such offi- 
cers and employees as may be necessary to carry out 
the functions of the Commission. Such officers and 
employees shall be appointed in accordance with the 
civil-service laws and their compensation fixed in 
accordance with the Classification Act of 1949, as 
amended, except that, to the extent the Commission 80 gtat 44S 
deems such action necessary to the discharge of its o u.s.c. 5101. 
responsibilities, personnel may be employed and 
their compensation fixed without regard to such 
laws: Provided, however, That no officer or em- 
ployee (except such officers and employees whose 
compensation is fixed by law, and scientific and 
technical personnel up to a limit of the highest rate 
of grade 18 of the General Schedule of the Classi- 



1°- Public Law 91-452 (84 Stat. 922) (1970). sec. 237. The Organized 
Crime Control Act of 1970, deleted the following sentence from subsec. 
161 c. "No person shall be excused from complying with any requirements 
under this paragraph because of his privilege against self-incrimination 
but the immunity provisions of the Compulsory Testimony Act of Febru- 
ary ll, 1893, shall apply with respect to any individual who specifically 
claims such privilege." 

38-938 — 79 7 



90 

fication Act of 1949, as amended 108 ) whose position 
would be subject to the Classification Act of 1949, 
as amended, if such Act were applicable to such 
position, shall be paid a salary at a rate in excess 
of the rate payable under such Act for positions of 
equivalent difficulty or responsibility. Such rates of 
compensation may be adopted by the Commission 
as may be authorized by the Classification Act of 
1949, as amended, as of the same date such rates are 
authorized for positions subject to such Act. 109 The 
Commission shall make adequate provision for ad- 
ministrative review of any determination to dismiss 
any employee ; 

u e. acquire such material, property, equipment, 
and facilities, establish or construct such buildings 
and facilities, and modif} T such buildings and facili- 
ties from time to time, as it may deem necessary, and 
construct, acquire, provide, or arrange for such facil- 
ities and services (at project sites where such facili- 
ties and services are not available) for the housing, 
health, safety, welfare, and recreation of personnel 
employed by the Commission as it may deem neces- 
sary, subject to the provisions of section 174: Pro- 
vided, hoivever, That in the communities owned by 
the Commission, the Commission is authorized to 
grant privileges, leases and permits upon adjusted 
terms which (at the time of the initial grant of any 
privilege, grant, lease, or permit, or renewal thereof, 
or in order to avoid inequities or undue hardship 
prior to the sale by the United States of property 
affected by such grant) 110 are fair and reasonable to 
responsible persons to operate commercial businesses 
without advertising and without advertising (sic) 
and without securing competitive bids, but taking 
into consideration, in addition to the price, and 
among other things (1) the quality and type of 
services required by the residents of the community, 
(2) the experience of each concession applicant in 
the community and its surrounding area, (3) the 
ability of the concession applicant to meet the needs 
of the community, and (4) the contribution the con- 
cession applicant has made or will make to the other 
activities and general welfare of the community; 111 



108 Public Law 87-793 (70 Stat. S32) (1062), sec. 1001 (g). added the 
words "up to a limit of the highest rate of grade ig f the General 
Schedule of the Classification Act of 1949, as amended". Prior to this 
amendment a limitation of $19,000 had been imposed by Public Law 
85-2S7 (71 Stat. 612) (1957). sec. 4. 

109 Public Law 85-681 (72 Stat. 633) (196S), sec. __, amended subsec. 
161 d. by inserting this sentence. 

110 Public Law 85-162 (71 Stat. 403) (1957). sec. 201. added the clause 
"(at the time of the initial grant of any privilege grant, lease, or permit, 
or renewal thereof, or in order to avoid inequities or undue hardship 
prior to the sale by the United States of property affected by such 
grant". 

111 Public Law 84-722 (70 Stat. 553) (1950), amended sec. 161 e. by 
adding the proviso clause. 



91 

"f. with the consent of the agency concerned, 
utilize or employ the services of personnel of any 
Government agency or any State or local govern- 
ment, or voluntary or uncompensated personnel, to 
perform such functions on its behalf as may appear 
desirable; 

"g. acquire, purchase, lease, and hold real and 
personal property, including patents, as agent of and 
on behalf of the United States, 112 subject to the provi- 
sions of section 174, and to sell, lease, grant, and dis- 
pose of such real and personal property as provided 
in this Act; 

"h. consider in a single application one or more of 
the activities for which a license is required by this 
Act, combine in a single license one or more of such 
activities, and permit the applicant or licensee to 
incorporate by reference pertinent information 
already filed with the Commission ; 

"i. prescribe such regulations or orders as it may 
deem necessary (1) to protect Restricted Data 
received by any person in connection with any 
activity authorized pursuant to this Act, (2) to 
guard against the loss or diversion of any special 
nuclear material acquired by any person pursuant 
to section 53 or produced by any person in connec- 
tion with any activity authorized pursuant to this 
Act, to prevent any use or disposition thereof which 
the Commission may determine to be inimical to the 
common defense and security, including regulations 
or orders designating activities, involving quantities 
of special nuclear material which in the opinion of 
the Commission are important to the common 
defense and security, that may be conducted only by 
persons whose character, associations, and loyalty 
shall have been investigated under standards and 
specifications established by the Commission and as 
to whom the Commission shall have determined that 
permitting each such person to conduct the activity 
will not be inimical to the common defense and secu- 
rity, 113 and (3) to govern any activity authorized 
pursuant to this Act, including standards and 
restrictions governing the design, location, and oper- 
ation of facilities used in the conduct of such activ- 
ity, in order to protect health and to minimize 
danger to life or property ;". 



ua The text of Executive Order 981G, providing for the transfer of prop- 
erties and personnel of the Manhattan Engineer District to the Atomic 
Energy Commission on January 1, 1947, will be found in appendix F, 
infra. 

^ see. 7 of Public Law 93-377 (88 Stat. 475) (1974), amended subsec. 
101 i. by adding the phrase beginning with the word "including" and 
ending with the word "security" the second time it appears thereafter 



92 

?o u*!^ 3 !™ U i m w i^ out regard to the provisions of the Federal 

note.* 488. Property and Administrative Servicer Act of 1949, 

as amended, except section 207 of that Act, or any 
other law, make such disposition as it may deem 
desirable of (1) radioactive materials, and (2) any 
other property, the special disposition of which is, 
in the opinion of the Commission, in the interest of 
the national security : Provided, however, That the 
property furnished to licensees in accordance with 
the provisions of subsection 161 m. shall not be 
deemed to be properly disposed of by the Commis- 
sion pursuant to this subsection; 

"k. authorize such of its members, officers, and 
employees as it deems necessary in the interest of 
the common defense and security to carry firearms 
while in the discharge of their official duties. The 
Commission may also authorize such of those em- 
ployees of its contractors engaged in the protection 
of property owned by the United States and located 
at facilities owned by or contracted to the United 
States as it deems necessary in the interests of the 
common defense and security to carry firearms while 
in the discharge of their official duties; 

"m. 114 enter into agreements with persons licensed 
under Section 103, 104, 53 a. (4), or 63 a. (4) 115 for 
such periods of time as the Commission may deem 
necessary or desirable (1) to provide for the proc- 
essing, fabricating, separating, or refining in facili- 
ties owned by the Commission of source, byproduct, 
or other material or special nuclear material owned 
by or made available to such licensees and which is 
utilized or produced in the conduct of the licensed 
activity, and (2) to sell, lease, or otherwise make 
available to such licensees such quantities of source 
or byproduct material, and other material not de- 
fined as special nuclear material pursuant to this 
Act, as may be necessary for the conduct of the 
licensed activity : Provided, however, That any such 
agreement may be canceled by the licensee at any 
time upon payment of such reasonable cancellation 
charges as may be agreed upon by the licensee and 
the Commission: And provided further, That the 



u* Public Law 87-456 (76 Stat. 72) (1962), sec. 303(c), the Tariff 
Classification Act of 1962, repealed sec. 161 1, effective on the 10 day 
following a Presidential proclamation concerning tariff schedules, import 
restrictions and related matters. This proclamation was issued on Au- 
gust 21, 1963 (3 C.F.R., Proclamation 3548). 

Sec. 161 1. read as follows : 

"1. Secure the admittance free of duty into the United States of pur- 
chases made abroad of source materials, upon certification to the Sec- 
retary of the Treasury that such entry is necessary in the interest of the 
common defense and security ;". 

^Public Law 86-300 (73 Stat. 574) (1959). sec. 1, amended subsec. 
161 m. to authorize agreements with persons licensed under sees. 53 a. 
(4) or 63 a. (4) as well as under sees. 103 or 104. 



93 

Commission shall establish prices to be paid by 
licensees for material or services to be furnished by 
the Commission pursuant to this subsection, which 
prices shall be established on such a nondiscrimi- 
natory basis as, in the opinion of the Commission, 
will provide reasonable compensation to the Govern- 
ment for such material or services and will not dis- 
courage the development of sources of supply inde- 
pendent of the Commission; 

"n. 116 delegate to the General Manager or other offi- 
cers of the Commission any of those functions as- 
signed to it under this Act except those specified in 
sections 51, 57 b., 11 ^ 61, 118 108, 123, 145 b. (with re- 
spect to the determination of those persons to whom 
the Commission may reveal Eestricted Data in the 
national interest) , 145 f ., 119 and 161 a. ; 

"o. require by rule, regulation, or order, such re- 
ports, and the keeping of such records with respect 
to, and to provide for such inspections of, activities 
and studies of types specified in section 31 and of 
activities under licenses issued pursuant to sections 
53, 63, 81, 103, and 104, as may be necessary to effectu- 
ate the purposes of this Act, including section 105 : 
and 

"p. make, promulgate, issue, rescind, and amend 
such rules and regulations as may be necessary to 
carry out the purposes of this Act. 

"q. The Commission is authorized and empow- Easements far 
ered, under such terms and conditions as are deemed rights-of-way. 
advisable by it, to grant easements for rights-of-way 
over, across, in, and upon acquired lands under its 
jurisdiction and control, and public lands perma- 
nently withdrawn or reserved for the use of the 
Commission, to any State, political subdivision 
thereof, or municipality, or to any individual, part- 
nership, or corporation of any State, Territory, or 
possession of the United States, for (a) railroad 



U6 Public Law 85-507 (72 Stat. 327) (1958). sec. 21. repealed former 
subsec. 161 n., and relettered subsequent subsections accordingly. 

Subsec. 161 n. read as follows : "n. assign scipntific, technical, profes- 
sional, and administrative employees for instruction, education, or train- 
ing by public or private agencies, institutions of learning, laboratories, 
or industrial or commercial organizations and to pay the whole or any 
part of the salaries of such emyployees. costs of their transportation and 
per diem in lieu of subsistence in accordance with applicable laws and 
regulations, and training charges incident to their assignments (includ- 
ing tuition and other related fees') : Provided, however. That (1) not 
more than one per centum of the eligible employees shall be so assigned 
during any fiscal ypar. and (2) any such assignment shall be approved 
in advance by the Commission or shall be in accordance with a training 
program previously approved by the Commission : And provided further, 
That appropriations or other funds available to the Commission for sal- 
aries or exppnses shall be available for the purposes of this subsection ;" 

u " Public Law 90-190 (81 Stat. 575) (1907). sec. 11. amended sec. 
161 n. by striking out "57 a. (3)" and inserting in lieu thereof "57 b." 

118 Public Law 91-500 (84 Stat. 1472) (1970). sec. 7. amended subsec. 
161 n. by striking out at this point the following: "102 (with respect to 
the finding of practical value),". 

118 Amended by Public Law 87-615 (76 Stat. 409) (1962). sec. 12. Prior 
to amendment reference was to "145 e.". 



94 

tracks; (b) oil pipe lines ; (c) substations for electric 
power transmission lines, telephone lines, and tele- 
graph lines, and pumping stations for gas, water, 
sewer, and oil pipe lines; (d) canals; (e) ditches; 
(f) flumes; (g) tunnels; (h) dams and reservoirs in 
connection with fish and wildlife programs, fish 
hatcheries, and other fish-cultural improvements; 
(i) roads and streets; and (j) for any other purpose 
or purposes deemed advisable by the Commission: 
Provided, That such rights-of-way shall be granted 
only upon a finding by the Commission that the 
same will not be incompatible with the public inter- 
est : Provided further, That such rights-of-way shall 
not include any more land than is reasonably neces- 
sary for the purpose for which granted: And 
provided further, That all or any part of such 
rights-of-way may be annulled and forfeited by the 
Commission for failure to comply with the terms 
and conditions of any grant hereunder or for nonuse 
for a period of two consecutive years or abandon- 
ment of rights granted under authority hereof. 
Copies of all instruments granting easements over 
public lands pursuant to this section shall be fur- 
nished to the Secretary of the Interior. 120 

"r. Under such regulations and for such periods 
and at such prices the Commission may prescribe, 
the Commission may sell or contract to sell to pur- 
chasers within Commission-owned communities or 
in the immediate vicinity of the Commission com- 
munity, as the case may be, any of the following 
utilities and related services, if it is determined that 
they are not available from another local source and 
that the sale is in the interest of the national defense 
or in the public interest: 

" ( 1 ) Electric power. 

"(2) Steam. 

"(3) Compressed air. 

"(4) Water. 

"(5) Sewage and garbage disposal. 

"(6) Natural, manufactured, or mixed gas. 

"(7) Ice. 

"(8) Mechanical refrigeration. 

"(9) Telephone service. 
"Proceeds of sales under this subsection shall be 
credited to the appropriation currently available for 
the supply of that utility or service. To meet local 
needs the Commission may make minor expansions 
and extensions of any distributing system or facility 
within or in the immediate vicinity of a Commis- 



120 Public Law 84-100G (70 St.it. 1069) (1050), see. 4, added subsec. q. 
C originally subsec. r.). 



95 



Processing 
contracts. 



sion-owned community through which a utility or 
service is furnished under this subsection. 121 

,; s. establish a plan for a succession of authority authority! 1 ° f 
which will assure the continuity of direction of the 
Commission's operations in the event of a national 
disaster due to enemy activity. Notwithstanding any 
other provision of this Act. the person or persons 
succeeding to command in the event of disaster in 
accordance with the plan established pursuant to 
this subsection shall be vested with all of the author- 
ity of the Commission : Provided, That any such suc- 
cession to authority, and vesting of authority shall 
be effective only in the event and as long as a quorum 
of three or more members of the Commission is 
unable to convene and exercise direction during the 
disaster period: Provided further, That the disaster 
period includes the period when attack on the United 
States is imminent and the post-attack period neces- 
sary to reestablish normal lines of command ; 122 

"t. enter into contracts for the processing, fabri- 
cating, separating, or refining in facilities owned by 
the Commission of source, byproduct or other mate- 
rial, or special nuclear material, in accordance with 
and within the period of an agreement for coopera- 
tion while comparable services are available to per- 
sons licensed under section 103 or 104: Provided, 
That the prices for services under such contracts 
shall be no less than the prices currently charged by 
the Commission pursuant to section 161m.; 122 

"u. (1) enter into contracts for such periods of Long term 
time as the Commission may deem necessary or Authority, 
desirable, but not to exceed five years from the date of 
execution of the contract, for the purchase or acquisi- 
tion of reactor services or services related to or 
required by the operation of reactors: 
_ "(2) (A) enter into contracts for such periods of 
time as the Commission may deem necessary or 
desirable for the purchase or acquisition of any sup- 
plies, equipment, materials, or services required by 
the Commission whenever the Commission deter- 
mines that: (i) it is advantageous to the Govern- 
ment to make such purchase or acquisition from com- 
mercial sources ; (ii) the furnishing of such supplies, 
equipment, materials, or services will require the 
construction or acquisition of special facilities by the 
vendors or suppliers thereof: (iii) the amortization 
chargeable to the Commission constitutes an appre- 
ciable portion of the cost of contract performance, 



J f Public Law 83-162 (71 Stat. 403) (1957), sec. 204, added subsec. r. 
(oneinallv subsec. s. ). 

122 Public Law 85-681 (72 Stat. 632) ri058). sec. 7, amended sec. 161 
by adding new subsecs. t, u., and v. Public Law 87-206 (75 Stat. 475) 
(1961), sec. 13. changed the designation of subsecs. t., u.. and r. to 
subsecs. s., t., and u., respectlrely. 



Contract 
authority. 



96 

excluding cost of materials; and (iv) the contract 
for such period is more advantageous to the Govern- 
ment than a similar contract not executed under the 
authority of this subsection. Such contracts shall be 
entered into for periods not to exceed five years each 
from the date of initial delivery of such supplies, 
equipment, materials, or services or ten years from 
the date of execution of the contracts excluding 
periods of renewal under option. 

"(B) In entering into such contracts the Com- 
mission shall be guided by the following principles : 
(i) the percentage of the total cost of special facili- 
ties devoted to contract performance and charge- 
able to the Commission should not exceed the ratio 
between the period of contract deliveries and the 
anticipated useful life of such special facilities; (ii) 
the desirability of obtaining options to renew the 
contract for reasonable periods at prices not to in- 
clude charges for special facilities already amor- 
tized; and (iii) the desirability of reserving in the 
Commission the right to take title to the special 
facilities under appropriate circumstances; and 

"(3) include in contracts made under this sub- 
section provisions which limit the obligation of 
funds to estimated annual deliveries and services and 
the unamortized balance of such amounts due for 
special facilities as the parties shall agree is charge- 
able to the performance of the contract. Any appro- 
priation available at the time of termination or 
thereafter made available to the Commission for 
operating expenses shall be available for payment of 
such costs which may arise from termination as the 
contract may provide. The term 'special facilities' 
as used in this subsection means any land and any 
depreciable buildings, structures, utilities, machin- 
ery, equipment, and fixtures necessary for the pro- 
duction or furnishing of such supplies, equipment, 
materials, or services and not available to the vendors 
or suppliers for the performance of the contract. 123 

"v. (A) enter into contracts with persons licensed 
under sections 53, 63, 103 or 104 for such periods of 
time as the Commission may deem necessary or de- 
sirable to provide, after December 31, 1968, for the 
producing or enriching of special nuclear material 
in facilities owned by the Commission; and 

"(B) enter into contracts to provide, after De- 
cember 31, 1968, for the producing or enriching of 
special nuclear material in facilities owned by the 
Commission in accordance with and within the 
period of an agreement for cooperation arranged 



123 Sec footnote 122, supra. 



97 

pursuant to section 123 while comparable services 
are made available pursuant to paragraph (A) of 
this subsection : 
Provided, That (i) prices for services under paragraph 
(A) of this subsection shall be established on a nondis- 
criminatory' basis; (ii) prices for services under para- 
graph (B) of this subsection shall be no less than prices 
under paragraph (A) of this subsection; and (iii) any 
prices established under this subsection shall be on a 
basis of recovery of the Government's costs over a rea- 
sonable period of time: 124 And provided further, That 
the Commission, to the extent necessary to assure the 
maintenance of a viable domestic uranium industry, shall 
not offer such services for source or special nuclear ma- 
terials of foreign origin intended for use in a utilization 
facility within or under the jurisdiction of the United 
States. The Commission shall establish criteria in writing 
setting forth the terms and conditions under which serv- 
ices provided under this subsection shall be made avail- 
able including the extent to which such services will be 
made available for source or special nuclear material of 
foreign origin intended for use in a utilization facility 
within or under the jurisdiction of the United States: 
Provided, That before the Commission establishes such 
criteria, the proposed criteria shall be submitted to the 
Joint Committee, and a period of forty-five days shall 
elapse while Congress is in session (in computing the 
forty-five days there shall be excluded the days in which 
either House is not in session because of adjournment for 
more than three days) unless the Joint Committee by 
resolution in writing waives the conditions of, or all or 
any portion of, such forty-five day period. 125 

"w. prescribe and collect from any other Govern- 
ment agency, which applies for or is issued a license 
for a utilization facility designed to produce elec- 
trical or heat energy pursuant to section 103 or 104rb, 
any fee, charge, or price which it may require, in ac- 
cordance with the provisions of section 483a of title 
31 of the United States Code or any other law, of 
applicants for, or holders of, such licenses. 126 
"x. Establish by rule, regulation, or order, after public 
notice, and in accordance with the requirements of section 
181 of this Act. such standards and instructions as the 42 u.s.c. 2231. 
Commission may deem necessary or desirable to ensure — 
_ "(1) that an adequate bond, surety, or other finan- 
cial arrangement (as determined by the Commission) 
will be provided, before termination of any license 

"* Public Law 91-560 (84 Stat. 1472) (1970), sec. 8, amended this 
proviso by deleting after the word "basis" the following : "which will 
provide reasonable compensation to the Government" and substituting 
therefor the language appearing above. 

123 Public Law 88-489 (78 Stat. 602) (1964). sec. 16, added subsec. v. 

12 « Public Law 92-314 (86 Stat. 222) (1972), sec. 301, added subsec. w. 



98 



42U.S.C. 2014. 



Contracts. 
42U.S.C. 
sec. 2202. 



Advisory 
committees. 
42 U.S.C. 
eec. 2203. 



for byproduct material as defined in section 11 e. (2), 
by a licensee to permit the completion of all require- 
ments established by the Commission for the decon- 
tamination, decommissioning, and reclamation of 
sites, structures, and equipment used in conjunction 
with byproduct material as so defined, and 
"(2) that— 

"(A) in the case of any such license issued or 
renewed after the date of the enactment of this 
subsection, the need for long-term maintenance 
and monitoring of such sites, structures and 
equipment after termination of such license will 
be minimized and. to the maximum extent prac- 
ticable, eliminated ; and 

"(B) in the case of each license for such ma- 
terial (whether in effect on the date of the enact- 
ment of this section or issued or renewed there- 
after), if the Commission determines that any 
such long-term maintenance and monitoring is 
necessary, the licensee, before termination of any 
license for byproduct material as defined in sec- 
tion 11 e. (2). will make available such bond- 
ing, surety, or other financial arrangements as 
may be necessary to assure such long-term main- 
tenance and monitoring. 
Such standards and instructions promulgated by the 
Commission pursuant to this subsection shall take into 
account, as determined by the Commission, so as to avoid 
unnecessary duplication and expense, performance bonds 
or other financial arrangements which are required by 
other Federal agencies or State agencies and/or other 
local governing bodies for such decommissioning, decon- 
tamination, and reclamation and long-term maintenance 
and monitoring except that nothing in this paragraph 
shall be construed to require that the Commission accept 
such bonds or arrangements if the Commission deter- 
mines that such bonds or arrangements are not adequate 
to carry out subparagraphs (1) and (2) of this subsec- 
tion. 127 

"Sec. 162. Contracts. — The President may, in advance, 
exempt any specific action of the Commission in a partic- 
ular matter from the provisions of law relating to con- 
tracts whenever he determines that such action is essen- 
tial in the interest of the common defense and security. 

"Sec. 163. Advisory Committees. — The members of the 
General Advisory Committee established pursuant to 
section 26 and the members of advisory boards estab- 
lished pursuant to section 161 a. may serve as such with- 
out regard to the provisions of sections 281, 283, or 284 



^~ Public Law 95-604 (92 Stat. 3036) (1978), sec. 203, added a new 
subsec. 161 (x). 



99 

of Title 18 of the United States Code, except insofar as * 2 «at •»*• 
such sections may prohibit any such member from receiv- 
ing compensation from a source other than a nonprofit 
educational institution 12S in respect of any particular 
matter which directly involves the Commission or in 
which the Commission is directly interested. 129 

"Sec. 164. Electric Utility Contracts. — The Com- Electric utility 
mission is authorized in connection with the construction 42 u.s.c.' 
or operation of the Oak Ridge, Paducah, and Portsmouth 8ec - 2204 - 
installations of the Commission, without regard to sec- 
tion 3679 of the Revised Statutes, as amended, to enter 31 u.s.c. 665. 
into new contracts or modify or confirm existing con- 
tracts to provide for electric utility services for periods 
not exceeding twenty-five years, and such contracts shall 
be subject to termination by the Commission upon pay- 
ment of cancellation costs as provided in such contracts, 
and any appropriation presently or hereafter made avail- 
able to the Commission shall be available for the payment 
of such cancellation costs. Any such cancellation pay- 
ments shall be taken into consideration in determination 
of the rate to be charged in the event the Commission or 
any other agency of the Federal Government shall pur- 
chase electric utility services from the contractors subse- 
quent to the cancellation and during the life of the 
original contract. The authority of the Commission 
under this section to enter into new contracts or modify 
or confirm existing contracts to provide for electric util- 
ity services includes, in case such electric utility services 
are to be furnished to the Commission by the Tennessee 
Valley Authority, authority to contract with any person 
to furnish electric utility services to the Tennessee Valley 
Authority in replacement thereof. Any contract here- 
after entered into by the Commission pursuant to this 
section shall be submitted to the Joint Committee and a 
period of thirty days shall elapse while Congress is in 
session (in computing such thirty days, there shall be 
excluded the days on which either House is not in session 
because of adjournment for more than three days) before 
the contract of the Commission shall become effective: 
Provided, however, That the Joint Committee, after hav- 
ing received the proposed contract, may by resolution in 
writing, waive the conditions of or all or any portion of 
such thirty-day period. 

^Public Law 80-300 (73 Stat. 574) (1959), sop. 2. amended <ec. 103 
by inserting after the words '"from receiving compensation" the words 
"from a source other than a nonprofit educational institution". 

129 Public Law 87-849 (70 Stat. 1119) (1902). sec. 2, revised the exist- 
ing conflict of interest laws. All exemptions from the provisions of sees. 
281, 283 and 284 of Title IS of the U.S. Code are deemed to be exemptions 
from the corresponding sections of the new conflict of interest law 
"except to the extent that they affect officers or employees of the execu- 
tive branch of the United States Government [or] of any independent 
agency of the United States, * * • as to whom the? are no longer ap- 
plicable." .^jgj 



100 



Contract 
practices. 
42 U.S.C. 
sec. 2205. 



60 Stat. 755. 



Comptroller 

General 

audit. 

42 U.S.C. 
sec. 2206. 



42 U.S.C. 
sec. 2207. 



"Sec. 165. Contract Practices. — 

"a. In carrying out the purposes of this Act the Com- 
mission shall not use the cost-plus-percentage-of-cost 
system of contracting. 

u b. No contract entered into under the authority of this 
Act shall provide, and no contract entered into under the 
authority of the Atomic Energy Act of 1946, as 
amended, shall be modified or amended after the date 
of enactment of this Act to provide, for direct payment 
or direct reimbursement by the Commission of any Fed- 
eral income taxes on behalf of any contractor performing 
such contract for profit. 

"Sec. 166. Comptroller General Audit. — No moneys 
appropriated for the purposes of this Act shall be avail- 
able for payments under any contract with the Commis- 
sion, negotiated without advertising, except contracts 
with any foreign government or any agency thereof and 
contracts with foreign producers, unless such contract 
includes a clause to the effect that the Comptroller Gen- 
eral of the United States or any of his duly authorized 
representatives shall, until the expiration of three years 
after final payment, have access to and the right to ex- 
amine any directly pertinent books, documents, papers, 
and records of the contractor or any of his subcontractors 
engaged in the performance of, and involving transac- 
tions related to such contracts or subcontracts: Pro- 
vided, however, That no moneys so appropriated shall be 
available for payment under such contract which includes 
any provision precluding an audit by the General Ac- 
counting Office of any transaction under such contract: 
And provided further, That nothing in this section shall 
preclude the earlier disposal of contractor and subcon- 
tractor records in accordance with records disposal 
schedules agreed upon between the Commission and the 
General Accounting Office. 130 

"Sec. 167. Claims Settlements. — The Commission, 
acting on behalf of the United States, is authorized to 
consider, ascertain, adjust, determine, settle, and pay, any 
claim for money damage of $5,000 or less against the 
United States for bodily injury, death, or damage to or 
loss of real or personal property resulting from any 
detonation, explosion, or radiation produced in the con- 
duct of any program undertaken by the Commission in- 
volving the detonation of an explosive device, where such 
claim is presented to the Commission in writing within 
one year after the accident or incident out of which the 
claim arises : Provided, however, That the damage to or 
loss of property, or bodily injury or death, shall not have 
been caused in whole or in part by any negligence or 



130 Public Law 85-081 (72 Stat. 632) (1958), sec. 8, amended sec. 166 
by adding the second proviso clause. 



101 

wrongful act on the part of the claimant, his agents, or 
employees. Any such settlement under the authority of 
this section shall be final and conclusive for all purposes, 
notwithstanding any other provision of law to the con- 
trary. If the Commission considers that a claim in ex- 
cess of $5,000 is meritorious and would otherwise be cov- 
ered by this section, the Commission may report the facts 
and circumstances thereof to the Congress for its 
consideration. 131 

u Sec. 168. Payments in Lieu of Taxes.- — In order to Payments ih 
render financial assistance to those States and localities 42 U u°s.c xes 
in which the activities of the Commission are carried on, sec< 2208 - 
and in which the Commission has acquired property pre- 
viously subject to State and local taxation, the Commis- 
sion is authorized to make payments to State and local 
governments in lieu of property taxes. Such payments 
may be in the amounts, at the times, and upon the terms 
the Commission deems appropriate, but the Commission 
shall be guided by the policy of not making payments in 
excess of the taxes which would have been payable for 
such property in the condition in which it was acquired, 
except in cases where special burdens have been cast upon 
the State or local government by activities of the Com- 
mission, the Manhattan Engineer District or their agents. 
In any such case, any benefit accruing to the State or local 
government by reason of such activities shall be con- 
sidered in determining the amount of the payment. 

"Sec. 169. No Subsidy.— No funds of the Commission g° gnb^ay. 
shall be employed in the construction or operation of see. 2269'. 
facilities licensed under section 103 or 104 except under 
contract or other arrangement entered into pursuant to 
section 31. 

"Sec. 170. Indemnification and Limitation of Lia- 
bility. — 132 

"a. Each license issued under section 103 or 104 and *?_u A s-je 
each construction permit issued under section 185 shall, 
and each license issued under section 53, 63, or 81 may, 
for the public purposes cited in subsection 2i. of the 
Atomic Energy Act of 1954. as amended, have as a con- 
dition of the license a requirement that the licensee have 

131 Public Law 87-206 (75 Stat. 474) (1961), sec. 14, amended sec. 107. 
Prior to amendment this section read as follows : 

"Sec. 167. Claim Settlements. — The Commission, acting on behalf 
of the United States, is authorized to consider, ascertain, adjust, deter- 
mine, settle, and pay, any claim for money damage of $5,000 or less 
against the United States for bodily injury, death, or damage to or loss 
of real or personal property resulting from any detonation, explosion, or 
radiation produced in the conduct of the Commission's program for testing 
atomic weapons, where such claim is presented to the Commission in 
writing within one year after the accident or incident out of which the 
claim arises : Provided, however, That the damage to or loss of property. 
or bodily injury or death, shall not have been caused in whole or in part 
by any negligence or wrongful act on the part of the claimant, his agents, 
or employees. Any such settlement under the authority of this section 
shall be final and conclusive for all purposes, notwithstanding any other 
provision of law to the contrary." 

132 Public Law 85-256 (71 Stat. 576) (1957), sec. 4, added sec. 170. 



sec. 2210. 



102 



Indemnifica- 
tion agree- 
ment. 



Waiver. 



Liability 
Insurance 



and maintain financial protection of such type and in 
such amounts as the Commission in the exercise of its 
licensing and regulatory authority and responsibility 
shall require in accordance with subsection 170 b. to cover 
public liability claims. Whenever such financial protec- 
tion is required, it may be a, further condition of the li- 
cense that the licensee execute and maintain an indemni- 
fication agreement in accordance with subsection 170 c. 
The Commission may require, as a further condition of 
issuing a license, that an applicant waive any immunity 
from public liability conferred by Federal or State 
law. 133 

"b. The amount of financial protection required shall 
be the amount of liability insurance available from pri- 
vate sources, except that the Commission may establish 
a lesser amount on the basis of criteria set forth in writ- 
ing, which it may revise from time to time, taking into 
consideration such factors as the following: (1) the cost 
and terms of private insurance, (2) the type, size, and 
location of the licensed activity and other factors per- 
taining to the hazard, and (3) the nature and purpose of 
the licensed activity: Provided, That for facilities 
designed for producing substantial amounts of electricity 
and having a rated capacity of 100,000 electrical kilo- 
watts or more, the amount of financial protection 
required shall be the maximum amount available at 
reasonable cost and on reasonable terms from private 
sources. Such financial protection may include private 
insurance, private contractual indemnities, self insur- 
ance, other proof of financial responsibility, or a combi- 
nation of such measures and shall be subject to such terms 
and conditions as the Commission may, by rule, regula- 
tion, or order, prescribe. In prescribing such terms and 
conditions for licensees required to have and maintain 
financial protection equal to the maximum amount of lia- 
bility insurance available from private sources, the Com- 
mission shall, by rule initially prescribed not later than 
twelve months from the date of enactment of this Act, 
include, in determining such maximum amount, private 
liability insurance available under an industry retrospec- 
tive rating plan providing for premium charges deferred 
in whole or major part until public liability from a nu- 
clear incident exceeds or appears likely to exceed the level 
of the primary financial protection required of the licen- 
see involved in the nuclear incident : Provided, That such 

133 Public Law 94-197 (89 Stat. 1111) (1975), sec. 2, amended sub- 
section 170 a. Prior to amendment, subsection 170 a. read as follows : 

"a. Each license issued under section 103 or 104 and each construction 
permit issued under section 185 shall, and each license issued under sec- 
tion 53, 63, or 81 may, have as a condition of the license a requirement 
that the licensee have and maintain financial protection of such type and 
in such amounts as the Commission shall require in accordance with sub- 
section 170 b. to cover public liability claims. Whenever such financial 
protection is required, it shall be a further condition of the license that 
the licensee execute and maintain an indemnification agreement in ac- 
cordance with subsection 170 c. The Commission may require, as a fur- 
ther condition of issuing a license, that an applicant waive any immunity 
from public liability conferred by Federal or State law." 



103 

insurance is available to, and required of, all of the licen- 
sees of such facilities without regard to the manner in 
which they obtain other types or amounts of such finan- 
cial protection : And provided further, That the standard 
deferred premium which may be charged following any 
nuclear incident under such a plan shall be not less than 
$2,000,000 nor more than $5,000,000 for each facility re- 
quired to maintain the maximum amount of financial pro- 
tection: And provided further. That the amount which 
may be charged a licensee following any nuclear incident 
shall not exceed the licensee's pro rata share of the aggre- 
gate public liability claims and costs arising out of the 
nuclear incident. Payment of any State premium taxes 
which may be applicable to any deferred premium pro- 
vided for in this Act shall be the responsibility of the li- 
censee and shall not be included in the retrospective pre- 
mium established by the Commission. The Commission 
is authorized to establish a maximum amount which the 
aggregate deferred premiums charged for each facility 
within one calendar year may not exceed. The Commis- 
sion may establish amounts less than the standard pre- 
mium for individual facilities taking into account such 
factors as the facility's size, location, and other factors 
pertaining to the hazard. The Commission shall establish 
such requirements as are necessary to assure availability 
of funds to meet any assessment of deferred premiums 
within a reasonable time when due, and may provide re- 
insurance or shall otherwise guarantee the payment of 
such premiums in the event it appears that the amount of 
such premiums will not be available on a timely basis 
through the resources of private industry and insurance. 
Any agreement by the Commission with a licensee or in- 
demnitor to guarantee the payment of deferred premiums 
may contain such terms as the Commission deems appro- 
priate to carry out the purposes of this section and to as- 
sure reimbursement to the Commission for its payments 
made due to the failure of such licensee or indemnitor to 
meet any of its obligations arising under or in connection 
with financial protection required under this subsection 
including without limitation terms creating liens upon 
the licensed facility and the revenues derived therefrom 
or any other property or revenues of such licensee to se- 
cure such reimbursement and consent to the automatic 
revocation of any license. 134 

1Si Public Law 94-197 (89 Stat. 1111) (1975). sec. 3, amended sub- 
section 170 b. Prior to amendment, subsection 170 b. read as follows : 

"b. The amount of financial protection required shall be the amount 
of liability insurance available from private sources, except that the Com- 
mission may establish a lesser amount on the basis of criteria set forth 
in writing, which it may revise from time to time, taking into considera- 
tion such factors as the following: (1) the cost and terms of private in- 
surance, (2) the type, size, and location of the licensed activity and 
other factors pertaining to the hazard, and (3) the nature and purpose 
of the licensed activity : Provided, That for facilities designed for pro- 
ducing substantial amounts of electricity and having a rated capacity 
of 100.000 electrical kilowatts or more, the amount of financial protec- 
tion required shall be the maximum amount available from private 
sources. Such financial protection may include private insurance, private 
contractual indemnities, self insurance, other proof of financial respon- 
sibility, or a combination of such measures." 



104 



Aggregate 

indemnity. 



Indemnification 
agreements. 



"c. The Commission shall, with respect to licenses 
issued between August 30, 1954, and August 1, 1987, for 
which it requires financial protection of less than $560,- 
000,000, agree to indemnify and hold harmless the 
licensee and other persons indemnified, as their interest 
may appear, from public liability arising from nuclear 
incidents which is in excess of the level of financial pro- 
tection required of the licensee. The aggregate indemnity 
for all persons indemnified in connection with each 
nuclear incident shall not exceed $500,000,000 excluding 
costs of investigating and settling claims and defending 
suits for damage : Provided, however, That this amount 
of indemnity shall be reduced by the amount that the 
financial protection required shall exceed $60,000,000. 
Such a contract of indemnification shall cover public 
liability arising out of or in connection with the licensed 
activity. With respect to any production or utilization 
facility for which a construction permit is issued between 
August 30, 1954, and August 1, 1987, the requirements of 
this subsection shall apply to any license issued for such 
facility subsequent to August 1, i987. 135 

"d. In addition to any other authority the Commission 
may have, the Commission is authorized until August 1, 
1987, to enter into agreements of indemnification with its 
contractors for the construction or operation of produc- 
tion or utilization facilities or other activities under con- 
tracts for the benefit of the United States involving ac- 
tivities under the risk of public liability for a substantial 
nuclear incident. In such agreements of indemnification 
the Commission may require its contractor to provide and 
maintain financial protection of such a type and in such 
amounts as the Commission shall determine to be appro- 
priate to cover public liability arising out of or in connec- 
tion with the contractual activity, and shall indemnify 
the persons indemnified against such claims above the 
amount of the financial protection required, in the 



133 Public Law 94-197 (89 Stat. 1111) (1975), sec. 5 (a) and (b), 
amended subsection 170 c. by adding the phrase "of less than $560,000,- 
000,". by substituting the word "excluding" for the words "including 
the reasonable," and by substituting the date "August 1, 1987" for the 
date "August 1, 1977" wherever It appeared. 

Public Law 89-210 (79 Stat. 855) (1965), sec. 1, had previously 
amended subsec. 170 c. Prior to amendment this subsection read as 
follows : 

"c. The Commission shall, with respect to licenses issued between 
August 30, 1954, and August 1, 1967, for which It requires financial 
protection, agree to indemnify and hold harmless the licensee and other 
persons indemnified, as their Interest may appear, from public liability 
arising from nuclear Incidents which is in excess of the level of financial 
protection required of the license. The aggregate idemnity for all per- 
sons indemnified in connection with each nuclear incident shall not exceed 
$500,000,000 including the reasonable costs of investigating and settling 
claims and defending suits for damage. Such a contract of indemnifica- 
tion shall cover public liability arising out of or in connection with the 
licensed activity. With respect to any production or utilization facility 
for which a construction permit is issued between August 30, 1954, and 
August 1, 1967, the requirements of this subsection shall apply to any 
license issued for such facility subsequent to August 1, 1967." 

Public Law 88-394 (78 Stat. 376) (1964), sec. 2, had previously 
amended subsec. 170 c. by adding the last sentence. 



105 



amount of $500,000,000, excluding costs of investigat- 
ing and settling claims and defending suits for dam- 
age in the aggregate for all persons indemnified in 
connection with such contract and for each nuclear inci- 
dent : Provided, That this amount of indemnity shall be 
reduced by the amount that the financial protection re- 
quired shall exceed $60,000,000 : Provided further, That 
in the case of nuclear incidents occurring outside the 
United States, the amount of the indemnity provided by 
the Commission shall not exceed $100,000,000. 136 The 
provisions of this subsection may be applicable to lump 
sum as well as cost type contracts and to contracts and contracts 
projects financed in whole or in part by the Commission. 
A contractor with whom an agreement of indemnification 
has been executed and who is engaged in activities con- 
nected with the underground detonation of a nuclear ex- 
plosive device shall be liable, to the extent so indemni- 
fied under this section, for injuries or damage sustained 
as a result of such detonation in the same manner and to 
the same extent as would a private person acting as prin- 
cipal, and no immunity or defense founded in the Fed- 
eral, State, or municipal character of the contractor or of 
the work to be performed under the contract shall be 
effective to bar such liability. 137 

"e. The aggregate liability for a single nuclear inci- 
dent of persons indemnified, including the reasonable 
costs of investigating and settling claims and defending 
suits for damage, shall not exceed (1) the sum of $500,- 
000,000 together with the amount of financial protection 
required of the licensee or contractor or (2) if the amount 
of financial protection required of the licensee exceeds 
$60,000,000, such aggregate liability shall not exceed the 



Aggregate 
labilities. 



138 Public Law 94-197 (89 Stat. 1111) (1975), sec. 5 (a) and (b). 
amended subsection 170 d. by substituting the date "August 1, 1987" for 
the date "August 1, 1977", and by substituting the word "excluding" 
for the words "including the reasonable". 

Public Law 89-21C (79 Stat. 855) (1965), sec. 2, had previously 
amended the first two sentences of subsec. 170 d. Prior to amendment 
these sentences read as follows : 

"d. In addition to any other authority the Commission may have, the 
Commission is authorized until August 1, 1967, to enter into agreements 
of indemnification with its contractors for the construction or operation 
of production or utilization facilities or other activities under contracts 
for the benefit of the United States involving activities under the risk of 
public liability for a substantial nuclear incident. In such agreements 
of indemnification the Commission may require its contractor to provide 
and maintain financial protection of such a type and in such amounts as 
the Commission shall determine to be appropriate to cover public liability 
arising out of or in connection with the contractual activity, and shall 
Indemnity the persons indemnified against such claims above the amount 
of the financial protection required, In the amount of $.j00, 000.000 in- 
cluding the reasonable costs of investigating and settling claims and 
defending suits for damage in the aggregate for all persons indemnified 
in connection with such contract and for each nuclear incident : Provided, 
That in the case of nuclear incidents occurring outside the United States 
the amount of the indemnity provided by the Commission shall not exceed 
$100,000,000." 

Public Law 87-615 (76 Stat. 409) (1962), sec. 6, had previously 
amended the second sentence of subsec. 170 d. by adding the proviso pro- 
viding that in the case of incidents occurring outBide the United States, 
the amount of indemnity provided by the Commission shall not exceed 
$100 million. 

"■Public Law 87-206 (75 Stat. 475) (1961), sec. 15, added the last 
sentence of subsec. 170 d. 

3S-93S— 70 S 



106 

sum of $560,000,000 or the amount of financial protection 
required of the licensee, whichever amount is greater: 
Provided, That in the event of a nuclear incident involv- 
ing damages in excess of that amount of aggregate liabil- 
ity, the Congress will thoroughly review the particular 
incident and will take whatever action is deemed neces- 
sary and appropriate to protect the public from the con- 
sequences of a disaster of such magnitude : And provided 
further, That with respect to any nuclear incident occur- 
ring outside of the United States to which an agreement 
of indemnification entered into under the provisions of 
subsection 170 d. is applicable, such aggregate liability 
shall not exceed the amount of $100,000,000 together with 
the amount of financial protection required of the con- 
tractor. 138 



138 Subsection e. originally read as follows : "e. The aggregate liability 
for a single nuclear incident of persons indemnified, including the reason- 
able costs of investigating and settling claims and defending suits for dam- 
age, shall not exceed the sum of $500,000,000 together with the amount of 
financial protection required of the licensee or contractor. The Commission 
or any person indemnified may apply to the appropriate district court of 
the United States having venue in bankruptcy matters over the location of 
the nuclear incident, and upon a showing that the public liability from a 
single nuclear incident will probably exceed the limit of liability imposed 
by this section, shall be entitled to such orders as may be appropriate for 
enforcement of the provisions of this section, including an order limiting 
the liability of the persons indemnified, orders staying the payment of 
claims and the execution of court judgments, orders apportioning the pay- 
ments to be made to claimants, orders permitting partial payments to be 
made before final determination of the total claims, and an order setting 
aside a part of the funds available for possible latent injuries not dis- 
covered until a later time " 

Public Law 85-602 (72 Stat. 525) (1958), sec. 2, deleted the second 
sentence in the original subsection and substituted the following : "The 
Commission or any person indemnified may apply to the appropriate 
district court of the United States having venue in bankruptcy matters 
over the location of the nuclear incident, except that in the case of 
nuclear incidents caused by ships of the United States outside of the 
United States, the Commission or any person indemnified may apply 
to the appropriate district court of the nUited States having venue in 
bankruptcy matters over the location of the principal place of business 
of the shipping company owning or operating the ship, and upon a showing 
that the public liability from a single nuclear incident will probably 
exceed the limit of liability imposed by this section, shall be entitled 
to such orders as may be appropriate for enforcement of the provisions 
of this section, including an order limiting the liability of the persons 
indemnified, orders staying the payment of claims and the execution 
of court judgments, orders apportioning the payments to be made to 
claimants, orders permitting partial payments to be made before final 
determination of the total claims, and an order setting aside a part of 
the funds available for possible latent injuries not discovered until a 
later time." 

Public Law 87-615 (76 Stat. 409) (1962), sec. 7, amended the sub- 
section to read : 

"e. The aggregate liability for a single nuclear incident of persons 
indemnified, including the reasonable costs of investigating and settling 
claims and defending suits for damage, shall not exceed the sum of 
$500,000,000 together with the amount of financial protection required 
of the licensee or contractor : Provided, however, That with respect 
to any nuclear incident occurring outside of the United States to which 
an agreement of indemnification entered into under the provisions of 
subsection 170 d. Is applicable, such aggregate liability shall not exceed 
the amount of $100,000,000 together with the amount of financial pro- 
tection required of the contractor. The Commission or any person in- 
demnified may apply to the appropriate district court of the United 
States having venue in bankruptcy matters over the location of the 
nuclear incident, except that in the case of nuclear incidents occurring 
outside the United States, the Commission or any person indemnified 
may apply to the United States District Court for the District of Co- 
lumbia, and upon a showing that the public liability from a single 
nuclear incident will probably exceed the limit of liability imposed by 
this section, shall be entitled to such orders as may be appropriate 
for enforcement of the provisions of this section, including an order 
limiting the liability of the persons indemnified, orders staying the 
payment of claims and the execution of court judgments, orders appor- 

(Continued) 



107 



"f. The Commission is authorized to collect a fee from 
all persons with whom an indemnification agreement is 
executed under this section. This fee shall be $30 per 
year per thousand kilowatts of thermal energy capacity 
for facilities licensed under section 103 : Provided. That 
the Commission is authorized to reduce the fee for such 
facilities in reasonable relation to increases in financial 
protection required above a level of $60,000,000. For fa- 
cilities licensed under section 104, and for construction 
permits under section 185. the Commission is authorized 
to reduce the fee set forth above. The Commission shall 
establish criteria in writing for determination of the fee 
for facilities licensed under section 104, taking into con- 
sideration such factors as (1) the type, size, and location 
of facility involved, and other factors pertaining to the 
hazard, and (2) the nature and purpose of the facility. 
For other licenses, the Commission shall collect such nom- 
inal fees as it deems appropriate. No fee under this sub- 
section shall be less than $100 per year. 139 

a g. In administering the provisions of this section, the 
Commission shall use, to the maximum extent practicable, 
the facilities and services of private insurance organiza- 
tions, and the Commission may contract to pay a reason- 
able compensation for such services. Any contract made 
under the provisions of this subsection may be made 
without regard to the provisions of section 3709 of the 
Revised Statutes, as amended, upon a showing by the 
Commission that advertising is not reasonably practicable 
and advance payments may be made. 

"h. The agreement of indemnification may contain such 
terms as the Commission deems appropriate to carry out 
the purposes of this section. Such agreement shall pro- 
vide that, when the Commission makes a determination 
that the United States will probably be required to make 
indemnity payments under this section, the Commission 
shall collaborate with any person indemnified and may 



Private 
insurance 
organizations. 
Use of services. 



41 U.S.C. 252 
(c) (See 41 
U.S.C. 260(b)). 



Terms of 

settlement. 



(Continued) 

tioning the payments to be made to claimants, orders permitting partial 
payments to be made before final determination of the total claims, and 
an order setting aside a part of the funds available for possible latent 
injuries not discovered until a later time." 

Public Law 89-210 (79 Stat. 855) (1965), sec. 3, amended, the first 
sentence by adding the first proviso relating to the limitation of aggre- 
gate liability. 

Public Law S9-645 (80 Stat. S91) (1966), sec. 2, amended the sub- 
section by deleting the last sentence thereof. 

Public Law 94-197 (89 Stat. 1111) (1975). Sec. 6. amended subsection 
170 e. Prior to this amendment, subsection 170 e. read as follows : 
"e. The aggregate liability for a single nuclear incident of persons 
indemnified, including the reasonable costs of investigating and settling 
claims and defending suits for damage, shall not exceed the sum of 
$500,000,000 together with the amount of financial protection required 
of the licensee or contractor : Provided, however, That such aggregate 
liability shall in no event exceed the sum of $560.000,000 : Provided 
further, That with respect to any nuclear incident occurring outside of 
the United States to which an agreement of Indemnification entered into 
under the provisions of subsection 170 d. is applicable, such aggregate 
liability shall not exceed the amount of $100,000,000 together with the 
amount of financial protection required of the contractor." 

139 Public Law 94-197 (89 Stat. 1111) (1975), sec. 7, amended subsec- 
tion 170 f. by adding the proviso to the second sentence. 



Survey of 
causes. 



Report" to 
Congress. 



Contracts in 
advance of 

appropriations. 
31 U.S.C. G65. 



(educational 

activities. 



approve the payment of any claim under the agreement 
of indemnification, appear through the Attorney General 
on behalf of the person indemnified, take charge of such 
action, and settle or defend any such action. The Com- 
mission shall have final authority on behalf of the United 
States to settle or approve the settlement of any such 
claim on a fair and reasonable basis with due regard for 
the purposes of this Act. Such settlement shall not in- 
clude expenses in connection with the claim incurred by 
the person indemnified. 140 

"i. After any nuclear incident which will probably re- 
quire payments by the United States under this section 
or which will probably result in public liability claims in 
excess of $560,000,000, the Commission shall make a sur- 
vey of the causes and extent of damage which shall forth- 
with be reported to the Joint Committee, to the Congress- 
men of the affected districts, and to the Senators of the 
affected States, and, except for information which would 
cause serious damage to the national defense of the 
United States, all final findings shall be made available 
to the public, to the parties involved and to the courts. 
The Commission shall report to the Joint Committee 
by April 1, 1958, and every year thereafter on the opera- 
tions under this section. 141 

"j. In administering the provisions of this section, the 
Commission may make contracts in advance of appro- 
priations and incur obligations without regard to section 
8679 of the Revised Statutes, as amended. 

"k. With respect to any license issued pursuant to 
section 53, 63, 81, 104a., or 104c. for the conduct of edu- 
cational activities to a person found by the Commission 
to be a nonprofit educational institution, the Commission 
shall exempt such licensee from the financial protection 
requirement of subsection 170a. With respect to licenses 
issued between August 30, 1954, and August 1, 1987, for 
which the Commission grants such exemption : 

"(1) the Commission shall agree to indemnify and 
hold harmless the licensee and other persons indem- 
nified, as their interests may appear, from public 
liability in excess of $250,000 arising from nuclear 
incidents. The aggregate indemnity for all persons 
indemnified in connection with each nuclear incident 



"o Public Law 94-197 (89 Stat. 1111) (1975), sec. 8. amended subsec- 
tion 170 h. by substituting the words "shall not include" for the words 
"may include reasonable" in the last sentence of the subsection. 

141 Public Law 94-197 (89 Stat. 1111) (1975), sec. 9, amended subsec- 
tion 170 i. Prior to amendment, subsection 170 i. read as follows : 

"i. After any nuclear incident which will probably require payments 
by the United States under this section, the Commission shall make a 
survey of the causes and extent of damage which shall forthwith be re- 
ported to the Joint Committee, and, except as forbidden by the provi- 
sions of chapter 12 of this Act or any other law or Executive order, all 
final findings shall be made available to the public, to the parties involved 
and to the courts. The Commission shall report to the Joint Committee 
by April 1, 1958, and every year thereafter on the operations under this 
section." 



109 

shall not exceed $500,000,000, excluding cost of in- 
vestigating and settling claims and defending suits 
for damage ; 

u (2) such contracts of indemnification shall cover 
public liability arising out of or in connection with 
the licensed activity; and shall include damage to 
property of persons indemnified, except property 
which is located at the site of and used in connection 
with the activity where the nuclear incident occurs ; 
and 

"(3) such contracts of indemnification, when en- 
tered into with a licensee having immunity from 
public liability because it is a State agency, shall 
provide also that the Commission shall make pay- 
ments under the contract on account of activities of 
the licensee in the same manner and to the same 
extent as the Commission would be required to do 
if the licensee were not such a State agency. 
Any licensee may waive an exemption to which it is 
entitled under this subsection. With respect to any pro- 
duction or utilization facility for which a construction 
permit is issued between August 30, 195-1, and August 1, 
19S7. the requirements of this subsection shall apply to 
any license issued for such facility subsequent to August 1, 
19S7. 142 

"1. The Commission is authorized until August 1, 1977, ^le^S^ 
to enter into an agreement of indemnification with any ns Savannah. 
person engaged in the design, development, construction, 
operation, repair, and maintenance or use of the nuclear- 
powered ship authorized by section 716 of the Merchant 
Marine Act, 1936, and designated the 'nuclear ship Sa- 70 stat 731 
vannah'. In any such agreement of indemnification the 46 u.s.c. 12^0 
Commission may require such person to provide and 
maintain financial protection of such a type and in such 
amounts as the Commission shall determine to be appro- 
priate to cover public liability arising from a nuclear 
incident in connection with such design, development, 
construction, operation, repair, maintenance or use and 
shall indemnify the person indemnified against such 
claims above the amount of the financial protection re- 
quired, in the amount of $500,000,000 excluding costs 
of investigating and settling claims and defending suits 
for damage in the aggregate for all persons indemnified 
in connection with each nuclear incident: Provided. That 

143 Public Law 85-744 (72 Stat. 837) (1958), amended sec. 170 by 
adding new s-ubsec. k. Public Law SS-394 (78 Stat. 376) (1964). sec. 3. 
amended subsec. 170k. by adding the last sentence. Public Law ^9-210 
(79 Stat. 855) (1965). sec. 4. amended subsec. 170k. by amending the date 
"Aucust 1. 1967" wherever it appeared to "August 1, 1977". Public Law 
94-197 (S9 Stat. 1111) (1975). Sec. 10. amended subsection 170 k. by 
substituting the date "August 1. 19S7" for the date "August 1. 1977" 
wherever it appeared and by substituting the word "excluding" for the 
words "including the reasonable". 



110 



Emergency 

assistance 

payments. 



Waiver of 
defenses. 



this amount of indemnity shall be reduced by the amount 
that the financial protection required shall exceed 
$60,000,000. 143 

"m. The Commission is authorized to enter into agree- 
ments with other indemnitors to establish coordinated 
procedures for the prompt handling, investigation, and 
settlement of claims for public liability. The Commis- 
sion and other indemnitors may make payments to, or for 
the aid of, claimants for the purpose of providing imme- 
diate assistance following a nuclear incident. Any funds 
appropriated to the Commission shall be available for 
such payments. Such payments may be made without 
securing releases, shall not constitute an admission of the 
liability of any person indemnified or of any indemnitor, 
and shall operate as a satisfaction to the extent thereof of 
any final settlement or judgment. 144 

"n. (1) With respect to any extraordinary nuclear oc- 
currence to which an insurance policy or contract fur- 
nished as proof of financial protection or an indemnity 
agreement applies and which — 

"(a) arises out of or results from or occurs in the 
course of the construction, possession, or operation 
of a production or utilization facility, or 

"(b) arises out of or results from or occurs in the 
course of transportation of source material, by- 
product material, or special nuclear material to or 
from a production or utilization facility, or 

"(c) during the course of the contract activity 
arises out of or results from the possession, opera- 
tion, or use by a Commission contractor or subcon- 
tractor of a device utilizing special nuclear material 
or by-product material, 
the Commission may incorporate provisions in indemnity 
agreements with licensees and contractors under this sec- 
tion, and may require provisions to be incorporated in 
insurance policies or contracts furnished as proof of 



143 Public Law 85-002 (72 Stat. 525) (1958), sec. 2. amended sec. 170 
by adding new subsection 1. 

Public Law 89-210 (79 Stat. S55) (1965), sec. 5, amended subsec. 170 
1. Prior to amendment this subsection read as follows : 

"1. The Commission is authorized until August 1, 1967, to enter into 
an agreement of indemnification with any person engaged in the design. 
development, construction, operation, repair, and maintenance or use of 
the nuclear-powered ship authorized by section 716 of the Merchant 
Marine Act, 1936. and designated the 'nuclear ship Savannah'. In any 
such agreement of indemnification the Commission may require such 
person to provide and maintain financial protection of such a type and 
in such amounts as the Commission shall determine to be appropriate 
to cover public liability arising from a nuclear incident in connection 
with such design, development, construction, operation, repair, mainte- 
nance or use and shall indemnify tbe person indemnified against such 
claims above the amount of the financial protection required, in the maxi- 
mum amount provided by subsection e, including the reasonable costs of 
Investigating and settling claims and defenr>iner suits for damage." 

Public Law 94-197 (89 Stat. 1111) (1975). Sec. 11, amended sub- 
section 170 1. by substituting the word "excluding" for the words "in- 
cluding the reasonable". 

«* Public Law 89-045 (80 Stat. SOD (I960), sec. 3, amended sec. 170 
by adding new subsection m. 



Ill 

financial protection, which waive (i) any issue or defense 
as to conduct of the claimant or fault of persons indemni- 
fied, (ii) any issue or defense as to charitable or govern- 
mental immunity, and (iii) any issue or defense based on 
any statute of limitations if suit is instituted within three 
years from the date on which the claimant first knew, or 
reasonably could have known, of his injury or damage 
and the cause thereof, but in no event more than twenty 
years after the date of the nuclear incident. The waiver of 
any such issue or defense shall be effective regardless of 
whether such issue or defense may otherwise be deemed 
jurisdictional or relating to an element in the cause of 
action. When so incorporated, such waivers shall be 
judicially enforcible in accordance with their terms by 
the claimant against the person indemnified. Such 
waivers shall not preclude a defense based upon a fail- 
ure to take reasonable steps to mitigate damages, nor shall 
such waivers apply to injury or damage to a claimant 
or to a claimant's property which is intentionally sus- 
tained by the claimant or which results from a nuclear 
incident intentionally and wrongfully caused by the 
claimant. The waivers authorized in this subsection 
shall, as to indemnitors, be effective only with respect to 
those obligations set forth in the insurance policies or the 
contracts furnished as proof of financial protection and 
in the indemnity agreements. Such waivers shall not 
apply to, or prejudice the prosecution or defense of, any 
claim or portion of claim which is not within the pro- 
tection afforded under (i) the terms of insurance policies 
or contracts furnished as proof of financial protection, or 
indemnity agreements, and (ii) the limit of liability 
provisions of subsection 170 e. 

" (2) With respect to any public liability action arising ™ us*' 2210 
out of or resulting from an extraordinary nuclear occur- 
rence, the United States district court in the district 
where the extraordinary nuclear occurrence takes place, 
or in the case of an extraordinary nuclear occurrence 
taking place outside the United States, the United States 
District Court for the District of Columbia, shall have 
original jurisdiction without regard to the citizenship 
of any party or the amount in controversy. Upon mo- 
tion of the defendant or of the Commission, any such 
action pending in any State court or United States dis- 
trict court shall be removed or transferred to the United 
States district court having venue under this subsection. 
Process of such district court shall be effective throughout 
the United States. 145 



^Public Law 89-045 (80 Stat. 891) (19G6), sec. 3, amended sec. 170 
by adding new subsprtion n. 

Public Law 94-197 (89 Stat. 1111) (1975), Sec. 12. amended subsection 
170 n. (l)(iii) by substituting the word "twenty" for the word "ten". 



112 



Allocation of 
funds. 



district where a nuclear incident occurs, or the United 
States District Court for the District of Columbia in case 
of a nuclear incident occurring outside the United States, 
determines upon the petition of any indemnitor or other 
interested person that public liability from a single nu- 
clear incident may exceed the limit of liability under 
subsection 170 e. : 
I» D t i t c 4 22io "W Total payments made by or for all indemni- 

tors as a result of such nuclear incident shall not 
exceed 15 per centum of such limit of liability with- 
out the prior approval of such court ; 

"(2) The court shall not authorize payments in 
excess of 15 per centum of such limit of liability un- 
less the court determines that such payments are or 
will be in accordance with a plan of distribution 
which has been approved by the court or such pay- 
ments are not likely to prejudice the subsequent 
adoption and implementation by the court of a plan 
of distribution pursuant to subparagraph (3) of this 
subsection (o) ; and 

"(3) The Commission shall, and any other in- 
demnitor or other interested person may, submit to 
such district court a plan for the disposition of 
pending claims and for the distribution of remaining 
funds available. Such a plan shall include an alloca- 
tion of appropriate amounts for personal injury 
claims, property damage claims, and possible latent 
injury claims which may not be discovered until a 
later time and shall include establishment of priori- 
ties between claimants and classes of claims, as neces- 
sary to insure the most equitable allocation of avail- 
able funds. Such court shall have all power necessary 
to approve, disapprove, or modify plans proposed, or 
to adopt another plan ; and to determine the propor- 
tionate share of funds available for each claimant. 
The Commission, any other indemnitor, and any 
person indemnified shall be entitled to such orders as 
may be appropriate to implement and enforce the 
provisions of this section, including orders limiting 
the liability of the persons indemnified, orders ap- 
proving or modifying the plan, orders staying the 
payment of claims and the execution of court judg- 
ments, orders apportioning the payments to be made 
to claimants, and orders permitting partial pay- 
ments to be made before final determination of the 
total claims. The orders of such court shall be effec- 
tive throughout the United States. 

"(4) the Commission shall, within ninety days 
after a court shall have made such determination, 



113 



deliver to the Joint Committee a supplement to^the 
report prepared in accordance with subsection 170 i. 
of this Act setting forth the estimated requirements 
for full compensation and relief of all claimants, and 
recommendations as to the relief to be provided. 146 
"p. The Commission shall submit to the Congress by 
August 1, 1983, a detailed report concerning the need 
for continuation or modification of the provisions of this 
section, taking into account the condition of the nuclear 
industry, availability of private insurance, and the state 
of knowledge concerning nuclear safety at that time, 
among other relevant factors, and shall include recom- 
mendations as to the repeal or modification of any of the 
provisions of this section. 147 

"Sec. 170A. Conflicts of Interest Kelating to Cox- 
tracts and Other Arrangements. — 

"a. The Commission shall, by rule, require any person 
proposing to enter into a contract, agreement, or other 
arrangement, whether by competitive bid or negotiation, 
under this Act or any other law administered by it for the 
conduct of research, development, evaluation activities, or 
for technical and management support services, to pro- 
vide the Commission, prior to entering into any such con- 
tract, agreement, or arrangement, with all relevant infor- 
mation, as determined by the Commission, bearing on 
whether that person has a possible conflict of interest with 
respect to — 

"(1) being able to render impartial, technically 
sound, or objective assistance or advice in light of 
other activities or relationships with other persons, or 
" (2) being given an unfair competitive advantage. 
Such person shall insure, in accordance with regula- 
tions prescribed by the Commission, compliance with 
this section by any subcontractor (other than a sup- 
ply subcontractor) of such person in the case of any 
subcontract for more than $10,000. 
"b. The Commission shall not enter into any such con- 
tract agreement or arrangement unless it finds, after eval- 
uating all information provided under subsection a. and 
any other information otherwise available to the Commis- 
sion that — 

" (1) it is unlikely that a conflict of interest would 
exist, or 

"(2) such conflict has been avoided after appro- 
priate conditions have been included in such contract. 



Just compen- 
sation. 

42 U.S.C. 
■ec. 2221. 



"• Public Law 89-645 (80 Stat. 891) (1966). sec. 3. amended sec. 170 
by adding new subsection o. Public Law 94-197 (89 Stat. 1111) (1975) 
Sec, 13, amended subsection 170 o. by adding new subparagraph (4) 
and by adding the following language to the second sentence of sub- 
paragraph (3) : "and shall include establishment of priorities between 
claimants and classes of claims, as necessary to insure the most equit- 
able allocation of available funds." 

147 Public Law 94-197 (89 Stat. 1111) (1975), sec. 14, added a new 
subsection 170 p. 



114 



Publication. 



agreement, or arrangement ; except that if the Com- 
mission determines that such conflict of interest exists 
and that such conflict of interest cannot be avoided 
by including appropriate conditions therein, the 
Commission may enter into such contract, agreement, 
or arrangement, if the Commission determines that 
it is in the best interests of the United States to do so 
and includes appropriate conditions in such contract, 
agreement, or arrangement to mitigate such conflict. 
"c. The Commission shall publish rules for the imple- 
mentation of this section, in accordance with section 553 
of title 5, United States Code (without regard to sub- 
section (a) (2) thereof) as soon as practicable after the 
date of the enactment of this section, but in no event later 
than 120 days after such date. 148 



"CHAPTER 15. COMPENSATION FOR PRIVATE 
PROPERTY ACQUIRED 



Just 
compensation. 



42 U.S.C. 



62 Stat. 933. 

Condemnation 

of real 

property. 

42 U.S.C. 

sec. 2222. 

62 Stat. 937, 

986 ; 46 Stat. 

1421. 

40 U.S.C. 257, 

258a- 25Se. 

Patent 

application 

disclosures. 

42 U.S.C. 

sec. 2223. 



"Sec. 171. Just Compensation. — The United States 
shall make just compensation for any property or inter- 
ests therein taken or requisitioned pursuant to sections 
43, 149 55, 150 66, and 108. Except in case of real property or 
any interest therein, the Commission shall determine and 
pay such just compensation. If the compensation so 
determined is unsatisfactory to the person entitled 
thereto, such person shall be paid 75 per centum of the 
amount so determined, and shall be entitled to sue the 
United States in the Court of Claims, or in any district 
court of the United States for the district in which such 
claimant is a resident in the manner provided by section 
1346 of Title 28 of the United States Code to recover such 
further sum as added to said 75 per centum will consti- 
tute just compensation. 

"Sec. 172. Condemnation of Real Property. — Pro- 
ceedings for condemnation shall be instituted pursuant 
to the provisions of the Act approved August 1, 1888, as 
amended, and section 1403 of Title 28 of the United 
States Code. The Act approved February 26, 1931, as 
amended, shall be applicable to any such proceedings. 

"Sec. 173. Patent Application Disclosures. — In the 
event that the Commission communicates to any nation 
any Restricted Data based on any patent application not 
belonging to the United States, just compensation shall 
be paid by the United States to the owner of the patent 
application. The Commission shall determine such com- 
pensation. If the compensation so determined is unsatis- 



™> Public Law 95-601 (92 Stat. 2950) (1978), sec. 8(a) added a new 
ppc. 170 A. 

-" Public Law 88-489 (78 Stat. 602) (1964). sec. 17. dieted the phrase 
"52 (with respect to the material for which the United States is required 
to pay just compensation)," after "43.". 

150 Public Law 88-4S9 (78 Stat. 602) (1964), sec. 17, added "55". 



115 



factory to the person entitled thereto, such person shall 
be paid 75 per centum of the amount so determined, and 
shall be entitled to sue the United States in the Court 
of Claims or in any district court of the United States 
for the district in which such claimant is a resident in a 
manner provided by section 1346 of Title 28 of the United 
States Code to recover such further sum as added to 
such 75 per centum will constitute just compensation. 
"Sec. 174. Attorney General Approval of Title.- 



62 Stat 933. 



Ddl-559. 

42 U.S.C. 
sec. 2231. 



Attorney Gen 
eral approval 
of title. 
42 U.S.C 

All real property acquired under this Act shall be sub- gee. 2224'. 
ject to the provisions of section 355 of the Revised 40U.S.C. 255. 
Statutes, as amended: Provided, however, That real 
property acquired by purchase or donation, or other 
means of transfer may also be occupied, used, and 
improved for the purposes of this Act prior to approval 
of title by the Attorney General in those cases where the 
President determines that such action is required in the 
interest of the common defense and security. 

"CHAPTER 16. JUDICIAL REVIEW AXD 
ADMINISTRATIVE PROCEDURE 

"Sec. 181. General. — The provisions of the Adminis- General, 
trative Procedure Act (Public Law 404, Seventy-ninth |§ 8 s ^ui 8 c 
Congress, approved June 11, 1946) shall apply to all 
agency action taken under this Act, and the terms 
'agency' and 'agency action' shall have the meaning speci- 
fied in the Administration Procedure Act: Provided, 
however, That in the case of agency proceedings or ac- 
tions which involve Restricted Data or defense informa- 
tion, the Commission shall provide by regulation for such 
parallel procedures as will effectively safeguard and pre- 
vent disclosure of Restricted Data or defense informa- 
tion to unauthorized persons with minimum impairment 
of the procedural rights which would be available if 
Restricted Data or defense information were not in- 
volved. 

"Sec. 182. License Applications. — 

"a. Each application for a license hereunder shall be 
in writing and shall specifically state such information 
as the Commission, by rule or regulation, may determine 
to be necessary to decide such of the technical and finan- 
cial qualifications of the applicant, the character of the 
applicant, the citizenship of the applicant, or any other 
qualifications of the applicant as the Commission may 
deem appropriate for the license. In connection with 
applications for licenses to operate production or utili- 
zation facilities, the applicant shall state such technical 
specifications, including information of the amount, kind, 
and source of special nuclear material required, the place 
of the use, the specific characteristics of the facility, and 



License 
applications 
42 U.S.C. 
sec. 2232. 



116 



ACRS Report. 



Commercial 
power. 



such other information as the Commission may, by rule 
or regulation, deem necessary in order to enable it to find 
that the utilization or production of special nuclear ma- 
terial will be in accord with the common defense and 
security and will provide adequate protection to the 
health and safety of the public. Such technical specifica- 
tions shall be a part of any license issued. The Commis- 
sion may at any time after the filing of the original 
application, and before the expiration of the license, 
require further written statements in order to enable 
the Commission to determine whether the application 
should be granted or denied or whether a license should 
be modified or revoked. All applications and statements 
shall be signed by the applicant or licensee. Applications 
for, and statements made in connection with, licenses 
under sections 103 and 104 shall be made under oath or 
affirmation. The Commission may require any other ap- 
plications or statements to be made under oath or affirma- 
tion. 151 

k 'b. The Advisory Committee on Reactor Safeguards 
shall review each application under section 103 or section 
104 b. for a construction permit or an operating license 
for a facility, any application under section 104 c. for a 
construction permit or an operating license for a testing 
facility, any application under section 104 a. or c. spe- 
cifically referred to it by the Commission, and any appli- 
cation for an amendment to a construction permit or 
an amendment to an operating license under section 103 
or 104 a., b., or c. specifically referred to it by the Com- 
mission, and shall submit a report thereon which shall 
be made part of the record of the application and avail- 
able to the public except to the extent that security classi- 
fication prevents disclosure. 152 

u c. The Commission shall not issue any license under 
section 103 for a utilization or production facility for the 
generation of commercial power until it has given notice 
in writing to such regulatory agency as may have juris- 
diction over the rates and services incident to the pro- 
posed activity ; until it has published notice of the appli- 
cation in such trade or news publications as the Com- 
mission deems appropriate to give reasonable notice to 



15 i Public Law 84-100G (70 Stat. 10G9) (1956). sec. 5. amended the third 
from last sentence of subsec. 182 a. and added the present last two 
sentences. Before amendment the third from last sentence read : "All 
applications and statements shall be signed by the applicant or licensee 
under oath or affirmation." 

152 Public Law 85-256 (71 Stat. 576) (1957), sec. 6. added subsec. b. and 
relettered former subsecs. b. and c. as subsecs. c. and d. Public Law 87-615 
(76 Stat. 409) (1962), sec. 3. amended subsec. b. Before amendment, it 
read : "b. The Advisory Committee on Reactor Safeguards shall review 
each application under section 103 or 104 b. for a license for a facility, 
any application under section 104 c. for a testing facility, and any appli- 
cation under section 104 a. or c. specifically referred to it by the Commis- 
sion, and shall submit a report thereon, which shall be made part of the 
record of the application and available to the public, except to the extent 
that security classification prevents disclosure." 



it 



municipalities, private utilities, public bodies, and co- 
operatives which might have a potential interest in such 
utilization or production facility ; and until it has pub- 
lished notice of such application once each week for four 
consecutive weeks in the Federal Register, and until four 
weeks after the last notice. 153 

"d. The Commission, in issuing any license for a utili- 
zation or production facility for the generation of com- 
mercial power under section 103, shall give preferred 
consideration to applications for such facilities which 
will be located in high cost power areas in the United 
States if there are conflicting applications for a limited 
opportunity for such license. Where such conflicting 
applications resulting from limited opportunity for such 
license include those submitted by public or cooperative 
bodies such applications shall be given preferred con- 
sideration. 

Sec. 183. Terms of Licenses. — Each license shall be Jerms of 
in such form and contain such terms and conditions as 42 e u?sx«. 
the Commission may, by rule or regulation, prescribe to sea 2233 - 
effectuate the provisions of this Act, including the fol- 
lowing provisions : 

u b. 154 Xo right to the special nuclear material shall be 
conferred by the license except as defined by the license. 

"c. Neither the license nor any right under the license 
shall be assigned or otherwise transferred in violation of 
the provisions of this Act. 

"d. Every license issued under this Act shall be sub- 
ject to the right of recapture or control reserved by sec- 
tion 108, and to all of the other provisions of this Act, 
now or hereafter in effect and to all valid rules and regu- 
lations of the Commission. 

"Sec. 181. Inalienability of Licenses. — Xo license inalienability 
granted hereunder and no right to utilize or produce 
special nuclear material granted hereby shall be trans- 
ferred, assigned or in any manner disposed of, either 
voluntarily or involuntarily, directly or indirectly, 
through transfer of control of any license to any person, 
unless the Commission shall, after securing full informa- 
tion, find that the transfer is in accordance with the pro- 



of licenses 
42 U.S.C 
sec. 2234. 



'■"■a Public Law 91-560 (84 Stat. 1472) (1970), sec. 9, amended subsec. 

152 c. Before amendment it read as follows : 

"c. The Commission shall not issue any license for a utilization or 
production facility for the generation of commercial power under section 
103. until it has given notice in writing to such regulatory agency as may 
have jurisdiction over the rates and services of the proposed activity, to 
municipalities, private utilities, public bodies, and cooperatives within 
transmission distance authorized to engage in the distribution of electric 
energy and until it has published notice of such application once each 
week for four consecutive weeks in the Federal Register, and until four 
weeks after the last notice." 

15 * Public Law 88-489 (78 Stat. G02) (1964), sec. 18, deleted subsec. 

153 a. Subsec. a. read as follows : 

"a. Title to all special nuclear material utilized or produced bv facilities 
pursuant to the license, shall at all times be in the United States." 



118 



Construction 
penult*. 

42 U.SC. 
eec. 2235. 



Revocation. 

42 u.s.e. 

sec. 2236. 



visions of this Act, and shall give its consent in writing. 
The Commission may give such consent to the creation 
of a mortgage, pledge, or other lien upon any facility oi 
special nuclear material. 150 owned or thereafter acquired 
by a licensee, or upon any leasehold or other interest in 
such facility, 156 and the rights of the creditors so secured 
may thereafter be enforced by any court subject to rules 
and regulations established by the Commission to protect 
public health and safety and promote the common 
defense and security. 

"Sec. 185. Construction Permits. — All applicants for 
licenses to construct or modify production or utiliza- 
tion facilities shall, if the application is otherwise ac- 
ceptable to the Commission, be initially granted a con- 
struction permit. The construction permit shall state the 
earliest and latest dates for the completion of the con- 
struction or modification. Unless the construction or 
modification of the facility is completed by the comple- 
tion date, the construction permit shall expire, and all 
rights thereunder be forfeited, unless upon good cause 
shown, the Commission extends the completion date. 
Upon the completion of the construction or modification 
of the facility, upon the filing of any additional informa- 
tion needed to bring the original application up to date, 
and upon finding that the facility authorized has been 
constructed and will operate in conformity with the 
application as amended and in conformity with the pro- 
visions of this Act and of the rules and regulations of the 
Commission, and in the absence of any good cause being 
shown to the Commission why the granting of a license 
would not be in accordance with the provisions of this 
Act, the Commission shall thereupon issue a license to the 
applicant. For all other purposes of this Act, a construc- 
tion permit is deemed to be a 'license'. 

"Sec. 186. Revocation.— 

"a. Any license may be revoked for an}^ material false 
statement in the application or any statement of fact re- 
quired under section 182, or because of conditions re- 
vealed by such application or statement of fact or any 
report, record, or inspection or other means which would 
warrant the Commission to refuse to grant a license on 
an original application, or for failure to construct or 
operate a facility in accordance with the terms of the con- 
struction permit or license or the technical specifications 
in the application, or for violation of, or failure to ob- 
serve any of the terms and provisions of this Act or of 
anv regulation of the Commission. 



155 Public Law 88-4S9 (78 Stat. 602) (1904), sec. 10, added "or special 
nuclear material.". 

iwpublic Law 88-489 (78 Stat. 602) (1964), sec. 19. substituted the 
word "facility" for the word "property". 



119 



u b. The Commission shall follow the provisions of sec- 
tion 9(b) of the Administrative Procedure Act in revok- 
ing any license. 

"c. Upon revocation of the license, the Commission 
may immediately retake possession of all special nuclear 
material held by the licensee. In cases found by the Com- 
mission to be of extreme importance to the national 
defense and security or to the health and safety of the 
public, the Commission may recapture any special nu- 
clear material held by the licensee or may enter upon 
and operate the facility prior to any of the procedures 
provided under the Administrative Procedure Act. Just 
compensation shall be paid for the use of the facility. 

"Sec. 187. Modification of License. — The terms and 
conditions of all licenses shall be subject to amendment, 
revision, or modification, by reason of amendments of 
this Act, or by reason of rules and regulations issued in 
accordance with the terms of this Act. 

"Sec. 188. Continued Operation of Facilities. — 
Whenever the Commission finds that the public conven- 
ience and necessity or the production program of the 
Commission requires continued operation of a produc- 
tion facility or utilization facility the license for which 
has been revoked pursuant to section 186, the Commis- 
sion may, after consultation with the appropriate regula- 
tory agency, State or Federal, having jurisdiction, order 
that possession be taken of and such facility be operated 
for such period of time as the public convenience and 
necessity or the production program of the Commission 
may, in the judgment of the Commission, require, or until 
a license for the operation of the facility shall become 
effective. Just compensation shall be paid for the use of 
the facility. 

"Sec. 189. Hearings and Judicial Review. — 

"a. In any proceeding under this Act, for the grant- 
ing, suspending, revoking, or amending of any license or 
construction permit, or application to transfer control, 
and in any proceeding for the issuance or modification of 
rules and regulations dealing with the activities of licens- 
ees, and in any proceeding for the payment of compensa- 
tion, an award, or royalties under sections 153, 157, 186 c, 
or 188, the Commission shall grant a hearing upon the 
request of any person whose interest may be affected by 
the proceeding, and shall admit any such person as a 
party to such proceeding. The Commission shall hold 
a hearing after thirty days' notice and publication once 
in the Federal Register, on each application under sec- 
tion 103 or 104 b. for a construction permit for a facility, 
and on any application under section 104 c. for a con- 
struction permit for a testing facility. In cases where 
such a construction permit has been issued following the 



80 Stat. 388, 5 
U.S.C 558(b). 



5 U.S.C. 551. 



Modification 
of license. 
42 U.S.C 
sec. 2237. 



Continued 
operation of 
facilities. 
42 U.S.C. 
sec. 2238. 



Hearings and 
judicial 
review. 
42 U.S.C. 
sec. 2239. 



Publication 
In F.R. 



120 

holding of such a hearing, the Commission may, in the 
absence of a request therefor by any person whose inter- 
est may be affected, issue an operating license or an 
amendment to a construction permit or an amendment 
to an operating license without a hearing, but upon thirty 
days' notice and publication once in the Federal Register 
of its intent to do so. The Commission may dispense with 
such thirty days' notice and publication with respect to 
any application for an amendment to a construction per- 
mit or an amendment to an operating license upon a 
determination by the Commission that the amendment 
involves no significant hazards consideration. 157 

"b. Any final order entered in any proceeding of the 

kind specified in subsection a. above shall be subject to 

judicial review in the manner prescribed in the Act of 

5 u.s.c. 7oi- December 29, 1950, as amended (ch. 1189, 61 Stat. 1129) , 

234i-235"2 SC " an( ^ to ^ ie P rov i s i° ns °f section 10 of the Administrative 

Procedure Act, as amended. 
42 u.s.c. "Sec. 190. Licensee Incident Reports. — No report by 

sec. 2240. anv licensee of any incident arising out of or in connec- 

tion with a licensed activity made pursuant to any 
requirement of the Commission shall be admitted as evi- 
dence in any suit or action for damages growing out of 
any matter mentioned in such report. 158 

Atomic Safety "SeC 191. ATOMIC SAFETY AND LICENSING BOARD. — 

Board icensing " a - Notwithstanding the provisions of sections 7(a) 

so stat. 386, and 8 (a) of the Administrative Procedure Act, the Com- 

556'. 557. SC ' mission is authorized to establish one or more atomic 

sec^i^ safety and licensing boards, each comprised of three 

members, one of whom shall be qualified in the conduct of 

administrative proceedings and two of whom shall have 

such technical or other qualifications as the Commission 

deems appropriate to the issues to be decided, to conduct 

such hearings as the Commission may direct and make 

such intermediate or final decisions as the Commission 

may authorize with respect to the granting, suspending, 

revoking or amending of any license or authorization 

under the provisions of this Act, any other provision of 

law, or any regulation of the Commission issued there- 

13 ~ Public Law 87-615 (76 Stat. 409) (1962), sec. 2. amended this sec- 
tion. Before amendment it read : "Sec. 189. Hearings and Judicial 
Review. — 

"a. In any proceeding under this Act. for the granting, suspending 
revoking, or amending of any license or construction permit, or applica- 
tion to transfer control, and in any proceeding for the issuance or modifi- 
cation of rules and regulations dealing with the activities of licensees, and 
in any proceeding for the payment of compensation, an award or royalties 
under sections 153. 157, 186 c, or 1S8, the Commission shall grant a 
hearing upon the request of any person whose interest may be affected by 
the proceeding, and shall admit any such person as a party to such pro- 
ceeding. The Commission shall hold a hearing after thirty days notice 
and publication once in the Federal Register on each application under 
section 103 or 104 b. for a license for a facility, and on any application 
under section 104 c. for a license for a testing facilitv." 

Public Law 85-256 (71 Stat. 576) (1957), sec. 7, had previously 
amended sec. 189 a. by adding the last sentence thereof. 

138 Sec. 190 was added by Public Law 87-206 (75 Stat. 475) (1961), 
sec. 16. 



121 

under. 159 The Commission may delegate to a board such 
other regulatory functions as the Commission deems 
appropriate. The Commission may appoint a panel of 
qualified persons from which board members may be 
selected. 

"b. Board members may be appointed by the Commis- 
sion from private life, or designated from the staff of the 
Commission or other Federal agency. Board members 
appointed from private life shall receive a per diem com- 
pensation for each day spent in meetings or conferences, 
and all members shall receive their necessary traveling 
or other expenses while engaged in the work of a board. 
The provisions of section 163 shall be applicable to board 
members appointed from private life. 1 



160 



Temporary 

"Sec. 192. Temporary Operating License.— ?2w?& 



"a. In any proceeding upon an application for an 
operating license for a nuclear power reactor, in which 
a hearing is otherwise required pursuant to section 189 a., 
the applicant may petition the Commission for a tempo- 
rary operating license authorizing operation of the facil- 
ity pending final action by the Commission on the 
application. Such petition may be filed at any time after 
filing of: (1) the report of the Advisory Committee on 
Reactor Safeguards required by subsection 182 b. ; (2) 
the safety evaluation of the application by the Commis- 
sion's regulatory staff; and (3) the regulatory staff's 
final detailed statement on the environmental impact of 
the facility prepared pursuant to section 102(2) (C) of 
the National Environmental Policy Act of 1969 (83 Stat. 
853) or, in the case of an application for operating 
license filed on or before September 9, 1971, if the regula- 
tory staff's final detailed statement required under sec- 
tion 102(2) (C) is not completed, the Commission must 
satisfy the applicable requirements of the National 
Environmental Policy Act prior to issuing any tempo- 
rary operating license under this section 192. The peti- 
tion shall be accompanied by an affidavit or affidavits 
setting forth the facts upon which the petitioner relies 
to justify issuance of the temporary operating license, 
Any party to the proceeding may file affidavits in support 
of, or opposition to, the petition within fourteen days 

13 9 Public Law 91-500 (84 Stat. 1472) (1970), sec. 10, amended the first 
sentence of subsec. 191 a. Before amendment it read as follows : 

'"Notwithstanding the provisions of sections 7(a) and 8(a) of the 
Administrative Procedure Act. the Commission is authorized to establish 
one or more atomic safety and licensing boards, each composed of thrpp 
members, two of whom shall be technically qualified and one of whom 
shall be qualified in the conduct of administrative proceedings, to conduct 
such hearings as the Commission may direct and make such intermediate 
or final decisions as the Commission may authorize with respect to the 
granting, suspending, revoking or amending of any license or authorization 
under the provisions of this Act. any other provision of law, or any rpeu- 
lation of the Commission issued hereunder." 

^°Sec. 191 was added by Public Law 87-615 (76 Stat. 409) (1962), 

38-938—79 9 



authority. 
42 U.S.C. 
Bee. 2242. 



122 

after the filing of such petition, or within such additional 
time not to exceed ten days as may be fixed by the Com- 
mission. The Commission shall hold a hearing after ten 
days' notice and publication once in the Federal Register 
on any such petition and supporting material filed under 
this section and the decision of the Commission with 
respect to the issuance of a temporary operating license, 
following such hearing, shall be on the basis of findings 
on the matters specified in subsection b. of this section. 
The hearing required by this section and the decision of 
the Commission on the petition shall be conducted with 
expedited procedures as the Commission may by rule, 
regulation, or order deem appropriate for a full disclo- 
sure of material facts on all substantial issues raised in 
connection with the proposed temporary operating 
license. 

"b. With respect to any petition filed pursuant to sub- 
section a. of this section, the Commission shall issue a 
temporary operating license upon rinding that : 

"(1) the provisions of section 185 have been met 
with respect to the temporary operating license ; 

"(2) operation of the facility during the period 
of the temporary operating license in accordance 
with its terms and conditions will provide adequate 
protection of the environment during the period of 
the temporary operating license ; and 

"(3) operation of the facility in accordance with 
the terms and conditions of the temporary operating 
license is essential toward insuring that the power 
generating capacity of a utility system or power 
pool is at, or is restored to, the levels required to 
assure the adequacy and reliability of the power 
supply, taking into consideration factors which 
include, but need not be limited to, alternative avail- 
able sources of supply, historical reserve require- 
ments for the systems involved to function reliably, 
the possible endangerment to the public health and 
safet} T in the event of power shortages, and data 
from appropriate Federal and State governmental 
bodies which have official responsibility to assure an 
adequate and reliable power supply. 
The temporary license shall contain such terms and con- 
ditions as the Commission may deem necessary, including 
the duration of the license and any provision for the 
extension thereof, and the requirement that the licensee 
not retire or dismantle any of its existing generating 
capacity on the ground of the availability of the capacity 
from the facility which is operating under the temporary 
license. Any decision or other document authorizing the 
issuance of any temporary license pursuant to this section 
shall recite with specificity the reasons justifying the 
issuance. The decision of the Commission with respect 
to the issuance of a temporary operating license shall be 



123 

subject to judicial review pursuant to the Act of De- 
cember 29, 1950, as amended (ch. 1189, 64 Stat. 1129). 

"c. The hearing on the application for the final oper- 
ating license otherwise required pursuant to section 
189 a. shall be concluded as promptly as practicable. The 
Commission shall vacate the temporary operating license 
if it finds that the applicant is not prosecuting the ap- 
plication for the final operating license with due dili- 
gence. Issuance of a temporary operating license pursuant 
to subsection b. of this section shall be without prejudice 
to the position of any party to the proceeding in which 
a hearing is otherwise required pursuant to section 189 a. ; 
and failure to assert any ground for denial or limitation 
of a temporary operating license shall not bar the asser- 
tion of such ground in connection with the issuance of a 
subsequent final operating license. 

"d. The authority under this section shall expire on 
October 30, 19T3. 161 

"CHAPTEK 17. 162 



wi sec 192 was added by Public Law 92-307 (86 Stat. 191) (1972). 
^Public Law 95-110 (91 Stat. 884) (1977), sec. 302(a), repealed 
chapter 17, which read as follows : 

"JOINT COMMITTEE ON ATOMIC ENERGY 

"Sec. 201. Membership. — There is hereby established a Joint Com- 
mittee on Atomic Energy to be composed of nine Members of the Senate 
to be appointed by the President of the Senate, and nine Members of 
the House of Representatives to be appointed by the Speaker of the 
House of Representatives. In each instance not more than five Members 
shall be members of the same political party. 

"Sec. 202. Authority and Duty. — 

"a. The Joint Committee shall make continuing studies of the activities 
of the Atomic Energy Commission and of problems relating to the 
development, use, and control of atomic energy. During the first ninety* 
days of each session of the Congress, the Joint Committee may conduct 
hearings in either open or executive session for the purpose of receiving 
information concerning the development, growth, and state of the atomic 
energy industry.** The Commission shall keep the Joint Committee fully 
and currently informed with respect to all of the Commission's activities. 
The Department of Defense shall keep the Joint Committee fully and cur- 
rently informed with respect to all matters within the Department of 
Defense relating to the development, utilization, or application of atomic 
energy. Any Government agency shall furnish any information requested 
by the Joint Committee with respect to the activities or responsibilities 
of that agency in the field of atomic energy. All bills, resolutions, and 
other matters in the Senate or the House of Representatives relating 
primarily to the Commission or to the development, use, or control of 
atomic energy shall be referred to the Joint Committee. The members of 
the Joint Committee who are Members of the Senate shall from time to 
time report to the Senate, and the members of the Joint Committee who 
are Members of the House of Representatives shall from time to time 
report to the House, by bill or otherwise, their recommendations with 
respect to matters within the jurisdiction of their respective Houses which 
are referred to the Joint Committee or otherwise within the jurisdiction 
of the Joint Committee. 

"b. The members of the Joint Committee who are Members of the 
Senate and the Members of the Joint Committee who are Members of the 
House of Representatives shall, on or before June 30 of each year, report 
to their respective Houses on the development, use, and control of nuclear 
energy for the common defense and security and for peaceful purposes. 
Each report shall provide facts and information available to the Joint 
Committee concerning nuclear energy which will assist the appropriate 
committees of the Congress and individual members in the exercise of 
informed judgment on matters of weaponry ; foreign policy ; defense ; 
international trade; and in respect to the expenditure and appropriation 
of Government revenues. Each report shall be presented formally under 
circumstances which provide for clarification and discussion by the 
Senate and the House of Representatives. In recognition of the need for 



124 

public understanding, presentations of the reports shall be made to the 
maximum extent possible in open session and by means of unclassified 
written materials.*** 

"Sec. 203. Chairman. — Vacancies in the membership of the Joint 
Committee shall not affect the power of the remaining members to 
execute the functions of the Joint Committee, and shall be filled in the 
same manner as in the case of the original selection. The Joint Com- 
mittee shall select a Chairman and a Vice Chairman from among its 
members at the beginning of each Congress. The Vice Chairman shall 
act in the place and stead of the Chairman in the absence of the Chair- 
man. The Chairmanship shall alternate between the Senate and the 
House of Representatives with each Congress, and the Chairman shall 
be selected by the Members from that House entitled to the Chairman- 
ship. The Vice Chairman shall be chosen from the House other than that 
of the Chairman by the Members from that House. 

"Sec. 204. Powers. — In carrying out its duties under this Act, the 
Joint Committee, or any duly authorized subcommittee thereof, is 
authorized to hold such hearings or investigations, to sit and act at such 
places and times to require, by subpena or otherwise, the attendance of 
such witnesses and the production of such books, papers, and docu- 
ments, to administer such oaths, to take such testimony, to procure such 
printing and binding, and to make such expenditures as it deems ad- 
visable. The Joint Committee may make such rules respecting its 
organization and procedures as it deems necessary : Provided, however. 
That no measure or recommendation shall be reported from the Joint 
Committee unless a majority of the committee assent. Subpenas may be 
issued over the signature of the Chairman of the Joint Committee or 
by any member designated by him or by the Joint Committee, and may 
be served by such person or persons as may be designated by such Chair- 
man or member. The Chairman of the Joint Committee or any member 
thereof may administer oaths to witnesses. The Joint Committee may use 
a committee seal. The provisions of sections 102 to 104, inclusive, of 
the Revised Statutes, as amended, shall apply in case of any failure of 
any witness to comply with a subpena or to testify when summoned 
under authority of this section. The expenses of the Joint Committee 
shall be paid from the contingent fund of the Senate from funds ap- 
propriated for the Joint Committee upon vouchers approved by the Chair- 
man. The cost of stenographic service to report public hearings shall not 
be in excess of the amounts prescribed by law for reporting the hearings 
of standing committees of the Senate. The cost of stenographic service to 
report executive hearings shall be fixed at an equitable rate by the Joint 
Committee. Members of the Joint Committee, and its employees and 
consultants, while traveling on official business for the Joint Committee, 
may receive either the per diem allowance authorized to be paid to 
Members of Congress or its employees, or their actual and necessary 
expenses provided an itemized statement of such expenses is attached to 
the voucher. 

"Sec. 205. Staff and Assistance. — The Joint Committee is em- 
powered to appoint and fix the compensation of such experts, consultants, 
technicians, and staff employees as it deems necessary and advisable. 
The Joint Committee is authorized to utilize the services, information, 
facilities, and personnel of the departments and establishments of the 
Government. The Joint Committee is authorized to permit such of its 
members, employees, and consultants as it deems necessary in the 
interest of common defense and security to carry firearms while in the 
discharge of their official duties for the committee. 

"Sec. 206. Classification of Information. — The Joint Committee 
may classify information originating within the committee in accord- 
ance with standards used generally by the executive branch for classify- 
ing Restricted Data or defense information. 

"Sec. 207. Records. — The Joint Committee shall keep a complete 
record of all committee actions, including a record of the votes on any 
question on which a record vote is demanded. All committee records, data, 
charts, and files shall be the property of the Joint Committee and shall be 
kept in the offices of the Joint Committee or other places as the Joint 
Committee may direct under such security safeguards as the Joint Com- 
mittee shall determine in the interest of the common defense and 
security " 

' * Public Law 87-206 (75 Stat. 475) (1961), sec. 17, substituted 
the word "ninety" for the word "sixty". 

** Public Law 88-294 (78 Stat. 172) 1964), amended the 
second sentence of sec. 202. Before amendment this sentence read : 
"During the first ninety days of each session of the Congress, the 
Joint Committee shall conduct hearings in either open or execu- 
tive session for the purpose of receiving information concerning 
the development, growth, and state of the atomic energy industry." 
*** Subsection 202b. was added by Public Law 93-514 (88 Stat. 
1611) (1974). 



125 



"CHAPTER 18. ENFORCEMENT 

"Sec. 221. General Provisions. — 

"a. To protect against the unlawful dissemination of 
Restricted Data and to safeguard facilities, equipment, 
materials, and other property of the Commission, the 
President shall have authority to utilize the services of 
any Government agency to the extent he may deem neces- 
sary or desirable. 

"b. The Federal Bureau of Investigation of the 
Department of Justice shall investigate all alleged or 
suspected criminal violations of this Act. 

"c. No action shall be brought against any individual 
or person for any violation under this Act unless and 
until the Attorney General of the United States has 
advised the Commission with respect to such action and 
no such action shall be commenced except by the Attor- 
ney General of the United States: Provided, however, 
That no action shall be brought under section 222, 223, 
224, 225 or 226 except by the express direction of the 
Attorney General : And provided further, That nothing 
in this subsection shall be construed as applying to 
administrative action taken by the Commission. 163 

"Sec. 222. Violation of Specific Sections. — Whoever 
willfully violates, attempts to violate, or conspires to 
violate, any provision of sections 57, 92, or 101, or who- 
ever unlawful interferes, attempts to interfere, or con- 
spires to interfere with any recapture or entry under 
section 108, shall, upon conviction thereof, be punished 
by a fine of not more than $10,000 or by imprisonment for 
not more than ten 164 years, or both, except that whoever 
commits such an offense with intent to injure the United 
States or with intent to secure an advantage to any for- 
eign nation shall, upon conviction thereof, be punished 
by imprisonment for life, or by imprisonment for any 
term of years or a fine of not more than $20,000 or both. 165 

"Sec. 223. Violation of Sections Generally. — Who- 
ever willfully violates, attempts to violate, or conspires 
to violate, any provision of this Act for which no crimi- 

163 Public Law 91-161 (S3 Stat. 444) (1969), sec. 5, amended sec. 221 
by adding tbe second proviso. 

* M Public Law 91-161 (S3 Stat. 444) (1969), sec. 2, amended sec. 222 
by substituting the word "ten" for tbe word "five". Sec. 7 provided that 
the amendment apply only to offenses committed on or after December 24, 
19R9 

163 Public Law 91-161 (S3 Stat. 444) (1969). sec. 3(a), amended sec. 
222 by substituting the words "imprisonment for life, or by imprisonment 
for any term of years or a fine of not more than $20,000 or both" in lieu 
of "death or imprisonment for life (but the penalty of death or imprison- 
ment for life may be imposed only upon recommendation of the jury), 
or by a fine of not more than $20,000 or by imprisonment for not more 
than 20 years, or both'. Sec. 7 provided that the amendment apply only 
to offenses committed on or after December 24, 1969. 



General 
provisions. 
42 U.S.C. 
see. 2271. 



Violation 
of specific 
sections. 
42 U.S.C. 
sec. 2272. 



Violation 
of sections 
generally. 
42 U.S.C. 
sec. 2273. 



126 



Communica- 
tion of re- 
stricted data. 
42 U.S.C. 
sec. 2274. 



Receipt of re- 
stricted data. 
42 U.S.C. 
sec 2275, 



Tampering 

with restricted 

data. 

42 U.S.C. 

sec. 2276. 



nal 166 penalty is specifically provided or of any regula- 
tion or order prescribed or issued under section 65 or sub- 
sections 161 b., i., or o. 167 shall, upon conviction thereof, 
be punished by a fine of not more than $5,000 or by 
imprisonment for not more than two years, or both, 
except that whoever commits such an offense with intent 
to injure the United States or with intent to secure an 
advantage to any foreign nation, shall, upon conviction 
thereof, be punished by a fine of not more than $20,000 
or by imprisonment for not more than twenty years, or 
both. 

"Sec. 224. Communication of Restricted Data. — 
Whoever, lawfully or unlawfully, having possession of, 
access to, control over, or being entrusted with any docu- 
ment, writing, sketch, photograph, plan, model, instru- 
ment, appliance, note, or information involving or in- 
corporating Restricted Data — 

"a. communicates, transmits, or discloses the same 
to any individual or person, or attempts or conspires 
to do any of the foregoing, with intent to injure the 
United States or with intent to secure an advantage 
to any foreign nation, upon conviction thereof, shall 
be punished by imprisonment for life, or by im- 
prisonment for any term of years or a fine of not 
more than $20,000 or both ; 168 

"b. communicates, transmits, or discloses the same 
to any individual or person, or attempts or conspires 
to do any of the foregoing, with reason to believe 
such data will be utilized to injure the United States 
or to secure an advantage to any foreign nation, 
shall, upon conviction, be punished by a fine of not 
more than $10,000 or imprisonment for not more 
than ten years, or both. 
"Sec. 225. Receipt or Restricted Data. — Whoever, 
with intent to injure the United States or with intent to 
secure an advantage to any foreign nation, acquires, or 
attempts or conspires to acquire any document, writing, 
sketch, photograph, plan, model, instrument, appliance, 
note, or information involving or incorporating Re- 
stricted Data shall, upon conviction thereof, be punished 
by imprisonment for life, or by imprisonment for any 
term of years or a fine of not more than $20,000 or both. 168 
"Sec. 226. Tampering With Restricted Data. — Who- 
ever, with intent to injure the United States or with in- 
tent to secure an advantage to any foreign nation, re- 
moves, conceals, tampers with, alters, mutilates, or de- 
stroys any document, writing, sketch, photograph, plan, 



168 Public Law 91-161 (83 Stat. 444) (1969), sec. 6, amended sec. 223 
by adding the word "criminal" before the word "penalty". 

167 Public Law 90-190 (81 Stat. 575) (1967), sec. 12, amended sec. 223 
by striking out the letter "p." appearing after the word "or", and insert- 
ing in lieu thereof the letter "o." 

168 See p. 125 for text of footnote. 



127 



model, instrument, appliance, or note involving or incor- 
porating Kestricted Data and used by any individual or 
person in connection with the production of special nu- 
clear material, or research or development relating to 
atomic energy, conducted by the United States, or fi- 
nanced in whole or in part by Federal funds, or con- 
ducted with the aid of special nuclear material, shall be 
punished by imprisonment for life, or by imprisonment 
for any term of years or a fine of not more than $20,000 
or both. 169 

"Sec. 227. Disclosure of Restricted Data. — Whoever, 
being or having been an employee or member of the Com- 
mission, a member of the Armed Forces, an employee of 
any agency of the United States, or being or having been 
a contractor of the Commission or of an agency of the 
United States, or being or having been an employee of a 
contractor of the Commission or of an agency of the 
United States, or being or having been a licensee of the 
Commission, or being or having been an employee of a 
licensee of the Commission, knowingly communicates, or 
whoever conspires to communicate or to receive, any 
Restricted Data, knowing or having reason to believe 
that such data is Restricted Data, to any person not 
authorized to receive Restricted Data pursuant to the 
provisions of this Act or under rule or regulation of the 
Commission issued pursuant thereto, knowing or having 
reason to believe such person is not so authorized to 
receive Restricted Data shall, upon conviction thereof, be 
punishable by a fine of not more than $2,500. 

"Sec. 228. Statute of Limitations. — Except for a 
capital offense, no individual or person shall be prose- 
cuted, tried, or punished for any offense prescribed or 
defined in sections 224 to 226, inclusive, of this Act, unless 
the indictment is found or the information is instituted 
within ten years next after such offense shall have been 
committed. 

"Sec. 229. Trespass Upon Commission Installa- 
tions. 170 — 

^ "a. The Commission is authorized to issue regula- 
tions relating to the entry upon or carrying, trans- 
porting, or otherwise introducing or causing to be 
introduced any dangerous weapon, explosive, or 
other dangerous instrument or material likely to 
produce substantial injury or damage to persons or 

oor P ooi ic L ^o 9 ^": 161 i 83 Stat 444 > (1969). sec. 3(b), amended sees. 
224a 225, and 226 by substituting in each section, the words "imprison- 
ment for life, or by imprisonment for any term of years or a fine of not 
^"A! 1 * 11 $ 20 ' 000 or both" in lieu of "death or imprisonment for life 
(but the penalty of death or imprisonment for life mav be imposed only 
upon recommendation of the jury), or by a fine of not more than $20,000 
or imprisonment for not more than twenty years, or both". Sec 7 of the 
amendment provided that the amendment apply only to offenses committed 
on or after December 24. 1969. 

170 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 6, added a new 



Disclosure of 
restricted data. 
42 U.S.C. 
sec 2277. 



Statute of 
limitation*. 
42 U.S.C. 
sec. 2278. 



Trepass on 
Commission 
installations. 
42 U.S.C. 
sec. 2278a. 



128 



Photographing 
of Commission 
Installations. 
42 U.S.C. 
sec. 2278b. 



Other laws. 
42 U.S.C. 
sec. 2279. 

Injunction 
proceedings. 
42 U.S.C. 
eec. 2280. 



property, into or upon any facility, installation, or 
real property subject to the jurisdiction, adminis- 
tration, or in the custody of the Commission. Every 
such regulation of the Commission shall be posted 
conspicuously at the location involved. 

"b. Whoever shall willfully violate any regulation 
of the Commission issued pursuant to subsection a. 
shall, upon conviction thereof, be punishable by a 
fine of not more than $1,000. 

"c. Whoever shall willfully violate any regulation 
of the Commission issued pursuant to subsection a. 
with respect to any installation or other property 
which is enclosed by a fence, wall, floor, roof, or 
other structural barrier shall be guilty of a mis- 
demeanor and upon conviction thereof shall be 
punished by a fine of not to exceed $5,000 or to 
imprisonment for not more than one year, or both. 
"Sec. 230. Photographing, etc., of Commission 
Installations. 171 — It shall be an offense, punishable by a 
fine of not more than $1,000 or imprisonment for not 
more than one year, or both — 

"(1) to make any photograph, sketch, picture, 
drawing, map or graphical representation, while 
present on property subject to the jurisdiction, 
administration or in the custody of the Commission, 
of any installations or equipment designated by the 
President as requiring protection against the general 
dissemination of information relative thereto, in the 
interest of the common defense and security, with- 
out first obtaining the permission of the Commis- 
sion, and promptly submitting the product obtained 
to the Commission for inspection or such other 
action as may be deemed necessary ; or 

" (2) to use or permit the use of an aircraft or any 
contrivance used, or designed for navigation or 
flight in air, for the purpose of making a photo- 
graph, sketch, picture, drawing, map or graphical 
representation of any installation or equipment 
designated by the President as provided in the 
preceding paragraph, unless authorized by the 
Commission. 
"Sec. 231. Other Laws. 172 — Sections 224 to 230 shall 
not exclude the applicable provisions of any other laws. 
"Sec. 232. 173 — Injunction Proceedings. — Whenever in 
the judgment of the Commission any person has engaged 
or is about to engage in any acts or practices which con- 



171 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 6, added a new 
sec. 230. 

« 2 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 7. amended former 
sec. 229 and redesignated it as sec. 231. Before amendment, sec. 229 read : 

"Sec. 229. Other Laws. — Sections 224 to 228 shall not exclude th«- 
applicable provisions of any other laws." 



129 



stitute or will constitute a violation of any provision of 
this Act, or any regulation or order issued thereunder, 
the Attorney General on behalf of the United States may 
make application to the appropriate court for an order 
enjoining such acts or practices, or for an order enforcing 
•compliance with such provision, and upon a showing by 
the Commission that such person has engaged or is about 
to engage in any such acts or practices, a permanent or 
temporary injunction, restraining order, or other order 
may be granted. 

"Sec. 233. 173 Conte:mtt Proceedings. — In case of fail- 
ure or refusal to obey a subpena served upon any person 
pursuant to subsection 161 c, the district court for any 
district in which such person is found or resides or trans- 
acts business, upon application by the Attorney General 
on behalf of the United States, shall have jurisdiction to 
issue an order requiring such person to appear and give 
testimony or to appear and produce documents, or both, 
in accordance with the subpena ; and any failure to obey 
such order of the court may be punished by such court as 
a contempt thereof. 

"Sec. 234. 174 Civil Monetary Penalties for Viola- 
tions of Licensing Requirements. — 

"a. Any person who (1) violates any licensing provi- 
sion of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 
109 or any rule, regulation, or order issued thereunder, or 
any term, condition, or limitation of any license issued 
thereunder, or (2) commits any violation for which a 
license may be revoked under section 186, shall be subject 
to a civil penalty, to be imposed by the Commission, of 
not to exceed $5,000 for each such violation: Provided, 
That in no event shall the total penalty payable by any 
person exceed $25,000 for all violations by such person 
occurring within any period of thirty consecutive days. 
If any violation is a continuing one, each day of such 
violation shall constitute a separate violation for the pur- 
pose of computing the applicable civil penalty. The Com- 
mission shall have the power to compromise, mitigate, or 
remit such penalties. 

"b. Whenever the Commission has reason to believe 
that a person has become subject to the imposition of a 
civil penalty under the provisions of this section, it shall 
notify such person in writing (1) setting forth the date, 
facts, and nature of each act or omission with which the 
person is charged, (2) specifically identifying the par- 
ticular provision or provisions of the section, rule, regu- 
lation, order, or license involved in the violation, and (3) 
advising of each penalty which the Commission proposes 
to impose and its amount. Such written notice shall be 
sent by registered or certified mail by the Commission to 

i" 3 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 6, renumbered 
former sees 230 and 231 to sees. 232 and 233, respectively. 

1W Public Law 91-161 (S3 Stat. 444) (1969), sec. 4, added sec. 234. 



Contempt 
proceedings. 
42 U.S.C. 
•ec 2231. 



CItII penalties. 
42 U.S.C. 
sec 2282. 

68 Stat 930. 
42 U.S.C. 2073. 
2077, 2092, 
2093, 2111, 
2112. 2131, 
2133, 2134. 
2137, 2139, 
42 U.S.C. 
2236. 



83 Stat. 445. 



Written 
notification. 



130 

the last known address of such person. The person so 
notified shall be granted an opportunity to show in writ- 
ing, within such reasonable period as the Commission 
shall by regulation prescribe, why such penalty should 
not be imposed. The notice shall also advise such person 
that upon failure to pay the civil penalty subsequently 
determined by the Commission, if any, the penalty may 
be collected by civil action. 

"c. On the request of the Commission, the Attorney 
General is authorized to institute a civil action to collect 
a penalty imposed pursuant to this section. The Attorney 
General shall have the exclusive power to compromise, 
mitigate, or remit such civil penalties as are referred to 
him for collection. 

"CHAPTER 19. MISCELLANEOUS 



Transfer of 
property. 



42 U.S.C. 
sec. 2015. 



Report to 
Congress. 
42 U.S.C. 
Bee. 2016. 



42 U.S.C. 
tec. 2017. 



"Sec. 241. Transfer of Property. — Nothing in this 
Act shall be deemed to repeal, modify, amend, or alter 
the provisions of section 9(a) of the Atomic Energy 
Act of 1946, as heretofore amended. 175 

"Sec. 251. Report to Congress. — The Commission 
shall submit to the Congress, in January 1T6 of each year, 
a report concerning the activities of the Commission. 
The Commission shall include in such report, and shall 
at such other times as it deems desirable submit to the 
Congress, such recommendations for additional legisla- 
tion as the Commission deems necessary or desirable. 

"Sec. 261. Appropriations. — 177 



173 See appendix 4, sec. 9(a). 

i 76 Public Law 86-43 (73 Stat. 73) (1959), amended sec. 251 by deleting 
the words "and July" after the word "January". 

177 Public Law 88-72 (77 Stat. 84) (1963), sec. 107, the AEC Fiscal 
Year 1964 Authorization Act, amended section 261. Before amendment 
this section read as follows : 
"Sec. 261. Appropriations. — 

"a. There are hereby authorized to be appropriated such sums as may 
be necessary and appropriate to carry out the provisions and purposes of 
this Act, except — 

"(1) Such as may be necessary for acquisition or condemnation 
of any real property or any facility or for plant or facility acquisition, 
construction or expansion : Provided, That for the purposes of this 
subsection a., any nonmilitary experimental reactor which is designed 
to produce more than 10,000 thermal kilowatts of heat (except for 
intermittent excursions) or which is designed to be used in the 
production of electric power shall be deemed to be a facility. 

"(2) Such as may be necessary to carry out cooperative programs 
with persons for the development and construction of reactors for 
the demonstration of their use, in whole or in part, in the production 
of electric power or process heat, or for propulsion, or solely or 
principally for the commercial provision of byproduct material, 
irradiation, or other special services, for civilian use. by arrange- 
ments (including contracts, agreements, and loans) or amendments 
thereto, providing for the payment of funds, the rendering of serv- 
Icps, and the undertaking of research and development without full 
reimbursement, the waiver of charges accompanying such arrange- 
ment, or the provision by the Commission of any other financial 
assistance pursuant to such arrangement, or which involves the 
acquisition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction or expansion under- 
taken by the Commission as a part of such arrangements. 
"b. The acts appropriating such sums may appropriate specified por- 
tions thereof to be accounted for upon the certification of the Commission 
only. 

(Continued) 



131 

"a. No appropriation 178 shall be made to the Commis- 
sion, nor shall the Commission waive charges for the use 
of materials under the Cooperative Power Reactor Dem- 
onstration Program, unless previously authorized by 
legislation enacted by the Congress. 179 

"b. Any Act appropriating funds to the Commission 
may appropriate specified portions thereof to be ac- 
counted for upon the certification of the Commission 
only. 

"c. Notwithstanding the provisions of subsection a., 
funds are hereby authorized to be appropriated for the 
restoration or replacement of any plant or facility de- 
stroyed or otherwise seriously damaged, and the Com- 
mission is authorized to use available funds for such pur- 
poses. 

"d. Funds authorized to be appropriated for any con- 
struction project to be used in connection with the de- 
velopment or production of special nuclear material or 
atomic weapons may be used to start another construc- 
tion project not otherwise authorized if the substituted 
construction project is within the limit of cost of the 
construction project for which substitution is to be made, 
and the Commission certifies that — 

" (1) the substituted project is essential to the com- 
mon defense and security; 

"(2) the substituted project is required by changes 
in weapon characteristics or weapon logistics opera- 
tions; and 

" (3) the Commission is unable to enter into a con- 
tract with any person on terms satisfactory to it to 
furnish from a privately owned plant or facility the 
product or services to be provided by the new project. 
"Sec. 271. Agency Jurisdiction. — Nothing in this Act j^gsSction. 
shall be construed to affect the authority or regulations 42 u.s.c. 
of any Federal, State, or local agency with respect to 8ec# 2018, 

(Continued) 

"c. Funds are hereby authorized to be appropriated for advance plan- 
ning, construction design, and architectural services in connection with 
any plant or facility not otherwise authorized, and for the restoration or 
replacement of any plant or facility destroyed or otherwise seriously 
damaged, and the Commission is authorized to use available funds for 
Buch purposes. 

"d. Funds hereafter authorized to be appropriated for any project to 
be used in connection with the development or production of special 
nuclear material or atomic weapons may be used to start another project! 
not otherwise authorized if the substituted project is within the limit of 
cost of the project for which substitution is to be made, and the Commis- 
sion certifies that — 

"(1) the substituted project is essential to the common defense 
and security ; 

"(2) the substituted project is required by changes in weapon 
characteristics or weapon logistic operations ; and 

"(3) the Commission is unable to enter into a contract with any 
person on terms satisfactory to it to furnish from a privately owned 
plant or facility the product or services to be provided by the new 
project." Subsecs. c. and d. added by Public Law S7-615 (76 Stat. 
409), sec. 8. For previous amendments of this section see "Atomic 
Energy Legislation Through 87th Congress, 2nd Session," p. 79.) 

178 Excerpts from legislation appropriating funds to the Atomic Energy 
Commission are set forth in appendix 5. 

179 Legislation authorizing appropriations to the Commission is set forth 
in Part II, infra. 



132 



Applicability 
of Federal 
Power Act. 
42 U.S.C. 
sec. 2019. 



Licensing of 
Government 
agencies. 
42 U.S.C. 
sec. 2020. 



Cooperation 
with States. 
42 U.S.C. 
sec. 2021. 



the generation, sale, or transmission of electric power 
produced through the use of nuclear facilities licensed by 
the Commission : Provided, That this section shall not be 
deemed to confer upon any Federal, State, or local agency 
any authority to regulate, control, or restrict any activi- 
ties of the Commission. 180 

"Sec. 272. Applicability of Federal Power Act. — 
Every licensee under this Act who holds a license from 
the Commission for a utilization or production facility 
for the generation of commercial electric energy under 
section 103 and who transmits such electric energy in 
interstate commerce or sells it as wholesale in interstate 
commerce shall be subject to the regulatory provisions 
of the Federal Power Act. 

"Sec. 273. Licensing of Government Agencies. — 
Nothing in this Act shall preclude any Government 
agency now or hereafter authorized by law to engage in 
the production, marketing, or distribution of electric 
energy from obtaining a license under section 103, if 
qualified under the provisions of section 103, for the con- 
struction and operation of production or utilization fa- 
cilities for the primary purpose of producing electric 
energy for disposition for ultimate public consumption. 
"Sec. 274. Cooperation With States. 181 — ■ 
"a. It is the purpose of this section — 

"(1) to recognize the interests of the States in the 
peaceful uses of atomic energy, and to clarify the 
respective responsibilities under this Act of the 
States and the Commission with respect to the regu- 
lation of byproduct, source, and special nuclear ma- 
terials ; 

" (2) to recognize the need, and establish programs 
for, cooperation between the States and the Com- 
mission with respect to control of radiation hazards 
associated with use of such materials; 

"(3) to promote an orderly regulatory pattern be- 
tween the Commission and State governments with 
respect to nuclear development and use and regula- 
tion of byproduct, source, and special nuclear ma- 
terials; 

"(4) to establish procedures and criteria for dis- 
continuance of certain of the Commission's regula- 
tory responsibilities with respect to byproduct, 
source, and special nuclear materials, and the as- 
sumption thereof by the States; 

"(5) to provide for coordination of the develop- 
ment of radiation standards for the guidance of 



^Public Law 89-135 (79 Stat. 551) (1965), amended sec. 271. Prior 
to amendment this section read as follows : 

"Sec. 271. Agency Jurisdiction. — Nothing in this Act shall be con- 
strued to affect the authority or regulations of any Federal, State, or 
local agency with respect to the generation, sale, or transmission of 
electric power." 

is 1 Public Law 86-373 (73 Stat. 688) (1959), sec. 1, added sec. 274. 



133 

Federal agencies and cooperation with the States; 
and 

"(6) to recognize that, as the States improve their 
capabilities to regulate effectively such materials, 
additional legislation may be desirable. 
"b. Except as provided in subsection c, the Commis- Agreements 
sion is authorized to enter into agreements with the Gov- With state s- 
ernor of any State providing for discontinuance of the 
regulatory authority of the Commission under chapters 
6, 7, and 8, and section 161 of this Act, with respect to 
any one or more of the following materials within the 
State — 

"(1) byproduct materials as defined in section 
lie. (1) ; i82 

"(2) byproduct materials as defined in section 
lie. (2) ; 1S3 
"(3) source materials; 

"(4) special nuclear materials in quantities not 
sufficient to form a critical mass. 
During the duration of such an agreement it is recog- 
nized that the State shall have authority to regulate the 
materials covered by the agreement for the protection of 
the public health and safety from radiation hazards. 

"c. No agreement entered into pursuant to subsection 
b. shall provide for discontinuance of any authority and 
the Commission shall retain authority and responsibility 
with respect to regulation of — 

"(1) the construction and operation of any pro- 
duction or utilization facility ; 

"(2) the export from or import into the United 
States of byproduct, source, or special nuclear mate- 
rial, or of any production or utilization facility ; 

"(3) the disposal into the ocean or sea of byprod- 
uct, source, or special nuclear waste materials as 
defined in regulations or orders of the Commission ; 
"(4) _ the disposal of such other byproduct, source, 
or special nuclear material as the Commission deter- 
mines by regulation or order should, because of the 
hazards or potential hazards thereof, not be so dis- 
posed of without a license from the Commission. The 
Commission shall also retain authority under any 
such agreement to make a determination that all ap- 
plicable standards and requirements have been met 
prior to termination of a license for byproduct mate- 
rial, as defined in section 11 e. (2) , 184 42 u.s.c. 2014. 
Notwithstanding any agreement between the Commis- 
sion and any State pursuant to subsection b., the Com- 



mT-VUi^n^ 95 J-° 4 <» 2 Stat. 3036) (1978), sec. 204(a), amended 
"byp^duc^matSia 8 ^ 118 & * deflned ln S< * U ° n lle ' (1) " after the ™rd 8 

Ms Public Law 95-004 (92 Stat. 3037) (1978), sec. 204(a) renum- 
nlw%lrl^h(2) ] ^ (3) ^ paragraphs < 3 > and < 4 >. and added a 

»* Public Law 95-604 (92 Stat. 3038 (1978), sec. 204(f), added a new 
Bentence after paragraph (4). ' 



134 



Condition*. 



Publication 
in F.R. 



Licensing 

requirements. 

Exemptions. 



mission is authorized by rule, regulation, or order to 

require that the manufacturer, processor, or producer of 

any equipment, device, commodity, or other product 

containing source, byproduct, or special nuclear material 

shall not transfer possession or control of such product 

except pursuant to a license issued by the Commission. 

u d. The Commission shall enter into an agreement 

under subsection b. of this section with any State if — 

"(1) The Governor of that State certifies that the 

State has a program for the control of radiation 

hazards adequate to protect the public health and 

safety with respect to the materials within the State 

covered by the proposed agreement, and that the 

State desires to assume regulatory responsibility for 

such materials; and 

" (2) the Commission finds that the State program 
is in accordance with the requirements of subsection 
o. and in all other respects 185 compatible with the 
Commission's program for regulation of such mate- 
rials, and that the State program is adequate to pro- 
tect the public health and safety with respect to the 
materials covered by the proposed agreement, 
"e. (1) Before any agreement under subsection b. is 
signed by the Commission, the terms of the proposed 
agreement and of proposed exemptions pursuant to sub- 
section f . shall be published once each week for four con- 
secutive weeks in the Federal Register; and such oppor- 
tunity for comment by interested persons on the pro- 
posed agreement and exemptions shall be allowed as the 
Commission determines by regulation or order to be ap- 
propriate. 

"(2) Each proposed agreement shall include the pro- 
posed effective date of such proposed agreement or ex- 
emptions. The agreement and exemptions shall be pub- 
lished in the Federal Register within thirty days after 
signature by the Commission and the Governor. 

"f. The Commission is authorized and directed, by regu- 
lation or order, to grant such exemptions from the licens- 
ing requirements contained in chapters 6, 7, and 8, and 
from its regulations applicable to licensees as the Com- 
mission finds necessary or appropriate to carry out any 
agreement entered into pursuant to subsection b. of this 
section. 

"g. The Commission is authorized and directed to co- 
operate with the States in the formulation of standards 
for protection against hazards of radiation to assure that 
State and Commission programs for protection against 
hazards of radiation will be coordinated and compatible. 



is- Public Law 05-G04 (02 Stat. 3037) (1078). sec. 004(b). amended 
sec 274(d)(2) by inserting the words "in accordance with the require- 
ments of subsection o, and in all other respects'' before the word "com- 
patible". 



135 



"h. There is hereby established a Federal Radiation £|*erai 
Council, consisting of the Secretary of Health, Educa- council? 11 
tion, and Welfare, the Chairman of the Atomic Energy 
Commission, the Secretary of Defense, the Secretary of 
Commerce, the Secretary of Labor, or their designees, 
and such other members as shall be appointed Jby the 
President. The Council shall consult qualified scientists 
and experts in radiation matters, including the President 
of the National Academy of Sciences, the Chairman of 
the National Committee on Eadiation Protection and 
Measurement, and qualified experts in the field of biol- 
ogy and medicine and in the field of health physics. The 
Special Assistant to the President for Science and Tech- 
nology, or his designee, is authorized to attend meetings, 
participate in the deliberations of, and to advise the 
Council. The Chairman of the Council shall be desig- 
nated by the President, from time to time, from among 
the members of the Council. The Council shall advise the 
President with respect to radiation matters, directly or 
indirectly affecting health, including guidance for all 
Federal agencies m the formulation of radiation stand- 
ards and in the establishment and execution of programs 
of cooperation with States. The Council shall also per- 
form such other functions as the President may assign 
to it by Executive order. 

"i. The Commission in carrying out its licensing and 
regulatory responsibilities under this Act is authorized 
to enter into agreements with any State, or group of 
States, to perform inspections or other functions on a 
cooperative basis as the Commission deems appropriate. 
The Commission is also authorized to provide training, 
with or without charge, to employees of, and such other 
assistance to, any State or political subdivision thereof 
or group of States as the Commission deems appropriate. 
Any such provision or assistance by the Commission 
shall take into account the additional expenses that may 
be incurred by a State as a consequence of the State's 
entering into an agreement with the Commission pursu- 
ant to subsection b. 

"j. The Commission, upon its own initiative after rea- 
sonable notice and opportunity for hearing to the State 
with which an agreement under subsection b. has become 
effective, or upon request of the Governor of such State, 
may terminate or suspend all or part of 186 its agreement 
with the State and reassert the licensing and regulatory 
authority vested in it under this Act, if the Commission 
finds that (l) 187 such termination or suspension is re- 
quired to protect the public health and safety, or (2) the 

186 Si^t La ^- 95 ~ 6 P 4 (92 Stat 3037 > (1978), sec. 204(d)(1), amended 
sec. 274j by adding the words "all or part of" after "suspend" 

187 o^ ] i C f aw ?. 5-60 ,1 (92 Stat 3037 ) (1978), sec. 204(d) (2), amended 
sec. 274j by inserting "(1)" after "finds that". *'.*'* 



Inspection* 



Termination 
of agreement 



136 



Notice of 
filing. 



Definition. 



"Agreement.' 



State has not complied with one or more of the require- 
ments of this section. The Commission shall periodically 
review such agreements and actions taken by the States 
under the agreements to ensure compliance with the pro- 
visions of this section. 188 

"k. Nothing in this section shall be construed to affect 
the authority of any State or local agency to regulate 
activities for purposes other than protection against radi- 
ation hazards. 

"1. With respect to each application for Commission 
license authorizing an activity as to which the Commis- 
sion's authority is continued pursuant to subsection c, 
the Commission shall give prompt notice to the State or 
States in which the activity will be conducted of the 
filing of the license application ; and shall afford reason- 
able opportunity for State representatives to offer evi- 
dence, interrogate witnesses, and advise the Commission, 
as to the application without requiring such representa- 
tives to take a position for or against the granting of the 
application. 

"in. No agreement entered into under subsection b. v 
and no exemption granted pursuant to subsection f., 
shall affect the authority of the Commission under sub- 
section 161 b. or i. to issue rules, regulations, or orders 
to protect the common defense and security, to protect 
restricted data or to guard against the loss or diversion 
of special nuclear material. For purposes of subsection 
161 i., activities covered by exemptions granted pursuant 
to subsection f. shall be deemed to constitute activities 
authorized pursuant to this Act; and special nuclear 
material acquired by any person pursuant to such an 
exemption shall be deemed to have been acquired pur- 
suant to section 53. 

"n. As used in this section, the term 'State' means any 
State, Territory, or possession of the United States, the 
Canal Zone, Puerto Rico, and the District of Columbia. 
As used in this section, the term 'agreement' includes any 
amendment to any agreement. 189 

"o. In the licensing and regulation of byproduct ma- 
terial, as defined in section 11 e. (2) of this Act, or of 
any activity which results in the production of byproduct 
material as so defined under an agreement entered into 
pursuant to subsection b., a State shall require — 

"(1) compliance with the requirements of subsec- 
tion b. of section 83 (respecting ownership of by- 
product material and land), and 



"srublic Law 95-004 (92 Stat. 3037) (1978), see. 204(d)(3), amended 
see. 274j by adding at the end before the period", or (2) the State has 
not complied with one or more of the requirements of this section. The 
Commission shall periodically review such agreements and actions taken 
by the States under the agreements to ensure compliance with the provi- 
sions of this section". 

18 » Public Law 95-004 (92 Stat. 3037) (1978), sec. 204(c), added last 
sentence to sec. 274n. 



137 

"(2) compliance with standards which shall be 
adopted by the State for the protection of the public 
health, safety, and the environment from hazards 
associated with such material which are equivalent, 
to the extent practicable, or more stringent than, 
standards adopted and enforced by the Commission 
for the same purpose, including requirements and 
standards promulgated by the Commission and the 
Administrator of the Environmental Protection ^Jj£ J; |jj?|; 
Agency pursuant to sections 83, 84, and 275, and 
"(3) procedures which — 

"(A) in the case of licenses, provide proce- 
dures under State law which include — 

"(i) an opportunity, after public notice, 
for written comments and a public hearing, 
with a transcript, 

"(ii) an opportunity for cross examina- 
tion, and 

"(iii) a written determination which is 
based upon findings included in such deter- 
mination and upon the evidence presented 
during the public comment period and 
which is subject to judicial review ; 
"(B) in the case of rulemaking, provide an 
opportunity for public participation through 
written comments or a public hearing and pro- 
vide for judicial review of the rule; 

"(C) require for each license which has a 
significant impact on the human environment a 
written analysis (which shall be available to the 
public before the commencement of any such 
proceedings) of the impact of such license, in- 
cluding any activities conducted pursuant 
thereto, on the environment, which analysis shall 
include — 

" (i) an assessment of the radiological and 
nonradiological impacts to the public health 
of the activities to be conducted pursuant 
to such license ; 

"(ii) an assessment of any impact on any 
waterway and groundwater resulting from 
such activities; 

"(jii) consideration of alternatives, in- 
cluding alternative sites and engineering 
methods, to the activities to be conducted 
pursuant to such license ; and 

"(iv) consideration of the long-term im- 
pacts, including decommissioning, decon- 
tamination, and reclamation impacts, 
associated with activities to be conducted 
pursuant to such license, including the 
management of any byproduct material, as 
defined by section 11 e. (2) ; and 

3S-93S — 79 10 



Ante, p. 3033. 



42 U.S.C. 2201. 



138 

"(D) prohibit any major construction activ- 
ity with respect to such material prior to com- 
plying with the provisions of subparagraph 
(C). 
If any State under such agreement imposes upon any 
licensee any requirement for the payment of funds to 
such State for the reclamation or long-term maintenance 
and monitoring of such material, and if transfer to the 
United States of such material is required in accord- 
ance with section 83 b. of this Act, such agreement shall 
be amended by the Commission to provide that such State 
shall transfer to the United States upon termination of 
the license issued to such licensee the total amount col- 
lected by such State from such licensee for such purpose. 
If such payments are required, they must be sufficient to 
ensure compliance with the standards established by the 
Commission pursuant to section 161 x. of this Act. No 
State shall be required under paragraph (3) to conduct 
proceedings concerning any license or regulation which 
would duplicate proceedings conducted by the Commis- 
sion. 190 

"Sec. 275. Health and Environmental Standards 

42 U.S.C. 2022. F0R URANIUM MlLL TAILINGS.— 

"a. As soon as practicable, but not later than one year 
after the date of enactment of this section, the Adminis- 
trator of the Environmental Protection Agency (here- 
inafter referred to in this section as the 'Administrator') 
shall, by rule, promulgate standards of general applica- 
tion (including standards applicable to licenses under 
section 104(h) of the Uranium Mill Tailings Eadiation 
Control Act of 1978) for the protection of the public 
health, safety, and the environment from radiological 
and nonradiological hazards associated with residual 
radioactive materials (as defined in section 101 of the 
Uranium Mill Tailings Radiation Control Act of 1978) 
located at inactive uranium mill tailings sites and de- 
pository sites for such materials selected by the Secretary 
of Energy, pursuant to title I of the Uranium Mill Tail- 
ings Eadiation Control Act of 1978. Standards pro- 
mulgated pursuant to this subsection shall, to the maxi- 
mum extent practicable, be consistent with the require- 
ments of the Solid Waste Disposal Act, as amended. The 
Administrator may periodically revise any standard 
promulgated pursuant to this subsection. 

not US ' C ' 6901 "k- (1) As soon as practicable, but not later than eight- 
eon months after the enactment of this section, the 

Rule. Administrator shall, by rule, promulgate standards of 

general application for the protection of the public 
health, safety, and the environment from radiological 

i»° Public Law 95-604 (92 Stat. 3037) (1978), sec. 204(e), added a 
new subsec. o. 



Bale. 



139 

and non-radiological hazards associated with the process- 
ing and with the possession, transfer, and disposal of by- 42 u - sc - 2014 - 
product material, as denned in section 11 e. (2) of this 
Act, at sites at which ores are processed primarily for 
their source material content or which are used for the 
disposal of such byproduct material. 

"(2) Such generally applicable standards promulgated 
pursuant to this subsection for nonradiological hazards 
shall provide for the protection of human health and the 
environment consistent with the standards required under 
subtitle C of the Solid Waste Disposal Act, as amended, 
which are applicable to such hazards : Provided, how- 
ever. That no permit issued by the Administrator is re- 
quired under this Act or the Solid Waste Disposal Act, 
as amended, for the processing, possession, transfer, or 
disposal of byproduct material, as defined in section 11 e. 
(2) any standard promulgated pursuant to this subsec- 
tion. Within three years after such revision of any such 
standard, the Commission and any State permitted to ex- 
ercise authority under section 274 b. (2) shall apply such 
revised standard in the case of any license for byproduct 42 u ' 
material as defined in section 11 e. (2) or any revision 
thereof. 

"c. (1) Before the promulgation of any rule pursuant ^FedVrai 1 
to this section, the Administrator shall publish the pro- Register, 
posed rule in the Federal Register, together with a state- opportunity! 1 ^ 
ment of the research, analysis, and other available infor- 
mation in support of such proposed rule, and provide a 
period of public comment of at least thirty days for 
written comments thereon and an opportunity, after such 
comment period and after public notice, for any inter- 
ested person to present oral data, views, and arguments 
at a public hearing. There shall be a transcript of any Consultation. 
such hearing. The Administrator shall consult with the 
Commission and the Secretary of Energy before promul- 
gation of any such rule. 

"(2) Judicial review of any rule promulgated under 
this section may be obtained by any interested person Judicial review, 
only upon such person filing a petition for review within 
sixty days after such promulgation in the United States 
court of appeals for the Federal judicial circuit in which 
such person resides or has his principal place of busi- 
ness, A copv of the petition shall be forthwith trans- 
mitted by the clerk of the court to the Administrator. 
The Administrator thereupon shall file in the court the 
written submission to. and transcript of. the written or 
oral proceedings on which such rule was based as pro- 
vided in section 2112 of title 28, United States Code. The 
court shall have jurisdiction to review the rule in accord- 
ance with chapter 7 of title 5, United States Code, and to 5 u.s.c. et seq. 
jsrrant appropriate relief as provided in such chapter. The 
judgment of the court affirming, modifying, or setting 



140 



42 U.S.C. 2021. 



42 U.S.C. 2014. 
42 U.S.C. 7401 
note. 



Separability, 



Short title. 



28 U.S.C. 
2341(3) (A). 



28 U.S.C. 2342. 
Court of 
Appeals, 
jurisdiction. 



Sandia 
retrocession. 



aside, in whole or in part, any such rule shall be final,, 
subject to judicial review by the Supreme Court of the 
United States upon certiorari or certification as pro- 
vided in section 1254 of title 28, United States Code. 

"(3) Any rule promulgated under this section shall 
not take effect earlier than sixty calendar days after 
such promulgation. 

"d. Implementation and enforcement of the standards 
promulgated pursuant to subsection b. of this section 
shall be the responsibility of the Commission in the con- 
duct of its licensing activities under this Act. States exer- 
cising authority pursuant to section 274 b. (2) of this 
Act shall implement and enforce such standards in ac- 
cordance with subsection o. of such section. 

"e. Nothing in this Act applicable to byproduct ma- 
terial, as defined in section 11 e. (2) of this Act, shall 
affect the authority of the Administrator under the 
Clean Air Act of 1970, as amended, or the Federal Wa- 
ter Pollution Control Act. as amended. 191 

"Sec 281. Separability. — If any provision of this Act 
or the application of such provision to any person or cir- 
cumstances, is held invalid, the remainder of this Act or 
the application of such provision to persons or circum- 
stances other than those as to which it is held invalid, 
shall not be affected thereby. 

"Sec. 291. Short Title. — This Act may be cited as the 
'Atomic Energv Act of 1954'." 

Sec. 2.— 

a. Section 1 (d) of the Act of December 29, 1950 (64 
Stat. 1129), is amended by inserting before the period 
at the end thereof a semicolon and the following : "when 
such order was entered by the Atomic Energy Commis- 
sion, 'agency' means that Commission". 

b. Section 2 of the Act of December 29, 1950 (64 Stat. 
1129), is amended by inserting before the period at the 
end of the first paragraph thereof a comma and the fol- 
lowing: "and (d) of the Atomic Energy Commission 
made reviewable by section 189 of the Atomic Energy 
Act of 1954, as amended". 

Sec. 3. There is hereby retroceded to the State of New 
Mexico the exclusive jurisdiction heretofore acquired 
from the State of Xew Mexico by the United States of 
America over the following land of the United States 
Atomic Energy Commission in Bernalillo County and 
within the boundaries of the Sandia Base, Albuquerque, 
Xew Mexico. 

Beginning at the center quarter corner of section 30, 
township 10 north, range 4 east. Xew Mexico principal 
meridian, Bernalillo County, Xew Mexico, thence south 
no degrees twenty-three minutes thirty seconds west one 



191 Public Law 95-604 (92 Stat. 3039) (1978), sec. 206(a), added sec. 
275. 



141 

thousand nine hundred forty-seven and twenty one-hun- 
dredths feet, thence north eighty-nine degrees thirty-six 
minutes forty-five seconds east two thousand sixty-eight 
and forty one-hundredth s feet, thence north eighty-nine 
degrees three minutes fifteen seconds east five hundred 
forty-six feet, thence north no degrees thirty-nine min- 
utes no seconds east two hundred thirty-two and seventy 
one-hundreths feet, thence north eighty-nine degrees 
twenty-one minutes no seconds west eight hundred fifty- 
two and twenty one-hundredths feet, thence north no de- 
grees thirty-nine minutes no seconds east five hundred 
and sixty one-hundredths feet, thence along the back of 
the south curb of West Sandia Drive, Sandia Base, Ber- 
nalillo County, New Mexico, eight hundred sixty-five and 
sixty one-hundredths feet, thence north no degrees thirty- 
nine minutes no seconds east one thousand three hun- 
dred thirty-five and three-tenths feet to a point south 
eight-nine degrees twenty-seven minutes forty-five sec- 
onds west a distance of thirty feet from the quarter cor- 
ner common to sections 30 and 29, township 10 north, 
range 4 east, thence south eighty-nine degrees, twenty- 
seven minutes forty-five seconds west two thousand six 
hundred twenty-three and forty one-hundredths feet to 
the point of beginning. 

This retrocession of jurisdiction shall take effect upon 
acceptance by the State of New Mexico. 

"CHAPTER 20. JOINT COMMITTEE ON ATOMIC 
ENERGY ABOLISHED; FUNCTIONS AND RE- 
SPONSIBILITIES REASSIGNED 

"Sec. 301. Joint Committee ox Atomic Energy 42 usc - 2258 - 
Abolished. — 

"a. The Joint Committee on Atomic Energy is 
abolished. 

"b. Any reference in any rule, resolution, or order of 
the Senate or the House of Representatives or in any 
law, regulation, or Executive order to the Joint Commit- 
tee on Atomic Energy shall, on and after the date of 
enactment of this section, be considered as referring to 
the committees of the Senate and the House of Repre- 
sentatives which, under the rules of the Senate and the 
House, have jurisdiction over the subject matter of such 
reference. 

"c. All records, data, charts, and files of the Joint Com- §££&■• 
mittee on Atomic Energy are transferred to the commit- 
tees of the Senate and House of Representatives which, 
under the rules of the Senate and the House, have juris- 
diction over the subject matters to which such records, 
data, charts, and files relate. In the event that any record, 
data, chart, or file shall be within the jurisdiction of more 
than one committee, duplicate copies shall be provided 
upon request. 



142 



Repeal. 

42 U.S.C. 2251 

et seq. 

Repe.il. 

42 U.S.C. 2315. 



Repeal. 

Repeal. 

2 U.S.C. 190j. 



42 U.S.C. 2259. 



"Sec. 302. Transfers of Certain Functions of the 
Joint Committee on Atomic Energy and Conforming 
Amendments to Certain Other Laws. — 

"a. Effective on the date of enactment of this section, 
chapter 17 of this Act is repealed. 

"b. Section 103 of the Atomic Energy Community Act 
of 1955, as amended, is repealed. 

"c. Section 3 of the Congressional Budget and Im- 
poundment Control Act of 1974 is amended by — 

" (1) striking the subsection designation c (a) ' ; and 
"(2) repealing subsection (b). 

"d. Section 252(a) (3) of the Legislative Reorganiza- 
tion Act of 1970 is repealed. 

"Sec. 303. Information and Assistance to Congres- 
sional Committees. — 

"a. The Secretary of Energy and the Nuclear Regula- 
tory Commission shall keep the committees of the Senate 
and the House of Representatives which, under the rules 
of the Senate and the House, have jurisdiction over the 
functions of the Secretary or the Commission, fully and 
currently informed with respect to the activities of the 
Secretary and the Commission. 

"b. The Department of Defense and Department of 
State shall keep the committees of the Senate and the 
House of Representatives which, under the rules of the 
Senate and the House, have jurisdiction over national 
security considerations of nuclear energy, fully and cur- 
rently informed with respect to such matters within the 
Department of Defense and Department of State relat- 
ing to national security considerations of nuclear tech- 
nology which are within the jurisdiction of such com- 
mittees. 

"c. Any Government agency shall furnish any infor- 
mation requested by the committees of the Senate and 
the House of Representatives which, under the rules of 
the Senate and the ITouse, have jurisdiction over the 
development, utilization, or application of nuclear en- 
ergy, with respect to the activities or responsibilities of 
such agency in the field of nuclear energy which are 
within the jurisdiction of such committees. 

u d. The committees of the Senate and the House of 
Representatives which, under the rules of the Senate and 
the House, have jurisdiction over the development, utili- 
zation, or application of nuclear energy, are authorized 
to utilize the services, information, facilities, and per- 
sonnel of any Government agency which has activities 
or responsibilities in the field of nuclear energy which 
are within the jurisdiction of such committees : Provided, 
however, That any utilization of personnel by such com- 
mittees shall be on a reimbursable basis and shall require, 
with respect to committees of the Senate, the prior writ- 
ten consent of the Committee on Rules and Administra- 
tion, and with respect to committees of the House of 



143 

Kepresentatives, the prior written consent of the Com- 
mittee on House Administration. 192 
Approved August 30, 1954, 9 :44 a.m., E.D.T. 



™ Public Law 95-110 (91 Stat. 884) (1977) added chapter 20. 



PART II. ENERGY REORGANIZATION 
ACT OF 1974 

PUBLIC LAW 93-438 [H.R. 11510] 

[88 Stat. 1233] 

AN ACT 

To reorganize and consolidate certain functions of the Federal 
Government in a new Energy Research and Development Ad- 
ministration and in a new Nuclear Regulatory Commission in 
order to promote more efficient management of such functions. 

Be it enacted by the Seriate and House of Representa- 
tives of the United States of America in Congress as- 
sembled, That the Energy Keorganization Act of 1974, 
as amended, is amended to read as follows: 

"ENEKGY EEOKGANIZATION ACT OF 1974 

42 U.S.C. sec 
"Sec. 1. Short Title. 5801 

"Sec. 2. Declaration of Purpose. 5801 

"TITLE I— ENERGY RESEARCH AND DEVELOPMENT 
ADMINISTRATION 

"Sec. 101. Establishment. 5811 

"Sec. 102. Officers. 5812 

"Sec. 103. Responsibilities of the Administrator. 5813 

"Sec. 104. Abolition and Transfers. 5814 

"Sec. 105. Administrative Provisions. 5815 

"Sec. 106. Personnel and Services. 5816 

"Sec. 107. Powers. 5817 

"Sec. 109. Future Reorganization. 5819 
"Sec. 110. Coordination with Environmental 

Efforts. 5820 
"Sec. 111. Provisions Applicable To Annual 

Authorization Acts. 5821 

"TITLE II— NUCLEAR REGULATORY COMMISSION 

"Sec. 201. Establishment and Transfers. 5841 
"Sec. 202. Licensing and Related Regulatory 
Functions Respecting Selected Ad- 
ministration Facilities. 5842 
"Sec. 203. Office of Nuclear Reactor Regulation 5843 
"Sec. 204. Office of Nuclear Material Safety and 

Safeguards. 5844 

"Sec. 205. Office of Nuclear Regulatory Research. 5845 

"Sec. 206. Noncompliance. 5846 

"Sec. 207. Nuclear Energy Center Site Survey. 5847 

"Sec. 208. Abnormal Occurrence Reports. 5848 

"Sec. 209. Other Officers. 5849 

"Sec. 210. Unresolved Safety Issues Plan. 5850 

"Sec. 210. Employee Protection. 5851 

(145) 



146 



"TITLE III— MISCELLANEOUS AND TRANSITIONAL 
PROVISIONS 



"Sec. 


301. 


Transitional Provisions. 


5S71 


"Sec. 


302. 


Transfer of Personnel and Other 








Matters. 


5872 


"Sec. 


303. 


Incidental Dispositions. 


5873 


"Sec. 


304. 


Definitions. 


5874 


"Sec. 


305. 


Authorization of Appropriations. 


5875 


"Sec. 


306. 


Comptroller General Audit. 


5876 


"Sec. 


307. 


Reports. 


5877 


"Sec. 


308. 


Information to Committees. 


5878 


"Sec. 


309. 


Transfer of Funds. 


5879 


"Sec. 


310. 


Conforming Amendments to Certain 
Other Laws. 




"Sec. 


311. 


Separability. 


5801 


"Sec. 


312. 


Effective Date and Interim Amend- 








ments. 


5801 



Energy Re- 
organization 
Act of 1974. 

42 U.S.C. 5801 
note. 



"TITLE IV— SEX DISCRIMINATION 
"Sec. 401. Sex Discrimination Prohibited. 5891 

"short title 

"Section 1. The Act may be cited as the 'Energy Re- 
organization Act of 1974.' 



DECLARATION OF PURPOSE 



42 u.s.c. 5801. "Sec. 2. (a) The Congress hereby declares that the gen- 
eral welfare and the common defense and security re- 
quire effective action to develop, and increase the effi- 
ciency and reliability of use of, all energy sources to meet 
the needs of present and future generations, to increase 
the productivity of the national economy and strengthen 
its position in regard to international trade, to make the 
Nation self-sufficient in energy, to advance the goals of 
restoring, protecting, and enhancing environmental 
quality, and to assure public health and safety. 

"(b) The Congress finds that, to best achieve these ob- 
jectives, improve Government operations, and assure the 
coordinated and effective development of all energy 
sources, it is necessary to establish an Energy Research 
and Development Administration to bring together and 
direct Federal activities relating to research and de- 
velopment on the various sources of energy, to increase 
the efficiency and reliability in the use of energy, and to 
carry out the performance of other functions, including 
but not limited to the Atomic Energy Commission's 
military and production activities and its general basic 
research activities. In establishing an Energy Research 
and Development Administration to achieve these ob- 
jectives, the Congress intends that all possible sources of 
energy be developed consistent with warranted priori- 
ties. 



Energy Re- 
search and 
Development 
Administration 
establishment. 



88 Stat. 1233. 
88 Stat. 1234. 



147 



functions. 



Small business 
participation. 



" (c) The Congress finds that it is in the public interest A ^<f J^iSi 
that the licensing and related regulatory functions of the and regulatory 
Atomic Energy Commission be separated from the per- 
formance of the other functions of the Commission, and 
that this separation be effected in an orderly manner, 
pursuant to this Act, assuring adequacy of technical and 
other resources necessary for the performance of each. 

"(d) The Congress declares that it is in the public 
interest and the policy of Congress that small business 
concerns be given a reasonable opportunity to partici- 
pate, insofar as is possible, fairly and equitably in grants, 
contracts, purchases, and other Federal activities relat- 
ing to research, development, and demonstration of 
sources of energy efficiency, and utilization and conser- 
vation of energy. In carrying out this policy, to the ex- 
tent practicable, the Administrator shall consult with the 
Administrator of the Small Business Administration. 

"(e) Determination of priorities which are warranted 
should be based on such considerations as power-related 
values of an energy source, preservation of material re- 
sources, reduction of pollutants, export market potential 
(including reduction of imports) , among others. On such 
a basis, energy sources warranting priority might in- 
clude, but not be limited to, the various methods of 
utilizing solar energy. 



Prloritlei. 



"TITLE I— ENERGY RESEARCH AND DEVEL- 
OPMENT ADMINISTRATION 

"establishment 

"Sec. 101. There is hereby established an independent 
executive agency to be known as the Energy Research 4 u.s.c. sail, 
and Development Administration (hereinafter in this 
Act referred to as the 'Administration') . 

"officers 



"Sec 102. (a) There shall be at the head of the Admin- 
istration an Administrator of Energy Research and De- 
velopment (hereinafter in this Act referred to as the 
'Administrator'), who shall be appointed from civilian 
life by the President by and with the advice and con- 
sent of the Senate. A person may not be appointed as 
Administrator within two years after release from active 
duty as a commisisoned officer of a regular component 
of an Armed Force. The Administration shall be admin- 
istered under the supervision and direction of the Ad- 
ministrator, who shall be responsible for the efficient and 
coordinated management of the Administration. 

"(b) There shall be in the Administration a Deputy 
Administrator, who shall be appointed by the Presi- 
dent, by and with the advice and consent of the Senate. 



Administrator. 
42 D.S.C. 5812. 



Depntj 
Administrator. 



148 



88 Stat. 1234. 
68 Stat. 1235. 



Assistant 

Adminis- 
trators. 



General 
Counsel. 



Additional 
officers. 



Director of 

Military 

Application. 



42U.S.C. 2011 
note. 



International 
cooperation. 



Order of 
succession. 



u (c) The President shall appoint the Administrator 
and Deputy Administrator from among individuals who, 
by reason of their general background and experience 
are specially qualified to manage a full range of energy 
research and development programs. 

"(d) There shall be in the Administration six Assistant 
Administrators, one of whom shall be responsible for 
fossil energy, another for nuclear energy, another for 
environment and safety, another for conservation, an- 
other for solar, geothermal, and advanced energy sys- 
tems, and another for national security. The Assistant 
Administrators shall be appointed by the President, by 
and with the advice and consent of the Senate. The Presi- 
dent shall appoint each Assistant Administrator from 
among individuals who, by reason of general background 
and experience, are specially qualified to manage the en- 
ergy technology area assigned to such Assistant Admin- 
istrator. 

"(e) There shall be in the Administration a General 
Counsel who shall be appointed by the Administrator 
and who shall serve at the pleasure of and be removable 
by the Administrator. 

"(f) There shall be in the Administration not more 
than eight additional officers appointed by the Admin- 
istrator. The positions of such officers shall be considered 
career positions and be subject to subsection 161 d. of the 
Atomic Energy Act. 

"(g) The Division of Military Application transferred 
to and established in the Administration by section 10-i 
(d) of this Act shall be under the direction of a Director 
of Military Application, who shall be appointed by the 
Administrator and who shall serve at the pleasure of 
and be removable by the Administrator and shall be an 
active commissioned officer of the Armed Forces serv- 
ing in general or flag officer rank or grade. The functions, 
qualifications, and compensation of the Director of Mili- 
tary Application shall be the same as those provided 
under the Atomic Energy Act of 1954, as amended, for 
the Assistant General Manager for Military Application. 

"(h) Officers appointed pursuant to this section shall 
perform such functions as the Administrator shall 
specify from time to time. The Administrator shall dele- 
gate to one such officer the special responsibility for 
international cooperation in all energy and related en- 
vironmental research and development. 

"(i) The Deputy Administrator (or in the absence or 
disability of the Deputy Administrator, or in the event 
of a vacancy in the office of the Deputy Administrator, 
an Assistant Administrator, the General Counsel or such 
other official, determined according to such order as the 
Administrator shall prescribe) shall act for and perform 
the functions of the Administrator during any absence 



149 

or disability of the Administrator or in the event of a 
vacancy in the office of the Administrator. 



"Sec. 103. The responsibilities of the Administrator 42U.S.C. 5813. 
shall include, but not be limited to — 

"(1) exercising central responsibility for policy 
planning, coordination, support, and management 
of research and development programs respecting all 88 stat> 12 35. 
energy sources, including assessing the requirements 88 stat - 123Q - 
for research and development in regard to various 
energy sources in relation to near-term and long- 
range needs, policy planning in regard to meeting 
those requirements, undertaking programs for the 
optimal development of the various forms of energy 
sources, managing such programs, and disseminating 
information resulting therefrom ; 

" (2) encouraging and conducting research and de- 
velopment, including demonstration of commercial 
feasibility and practical applications of the extrac- 
tion, conversion, storage, transmission, and utiliza- 
tion phases related to the development and use of 
energy from fossil, nuclear, solar, geothermal, and 
other energy sources ; 

"(3) engaging in and supporting environmental, 
biomedical, physical, and safety research related to 
the development of energy sources and utilization 
technologies ; 

"(4) taking into account the existence, progress, 
and results of other public and private research and 
development activities, including those activities of 
the Federal Energy Administration relating to the 
development of energy resources using currently 
available technology in promoting increased utiliza- 
tion of energy resources, relevant to the Administra- 
tion's mission in formulating its own research and 
development programs; 

"(5) participating in and supporting cooperative 
research and development projects which may in- 
volve contributions by public or private persons or 
agencies, of financial or other resources to the per- 
formance of the work ; 

"(6) developing, collecting, distributing, and mak- 
ing available for distribution, scientific and techni- 
cal information concerning the manufacture or de- 
velopment of energy and its efficient extraction, 
conversion, transmission, and utilization ; 

"(7) establishing, in accordance with the National 
Energy Extension Service Act, an Energy Exten- 
sion Service to provide technical assistance, instruc- 
tion, and practical demonstration on energy conser- 
vation measures and alternative energy systems to 



150 



88 Stat. 1236. 
88 Stat. 1237. 



individuals, businesses, and State and local govern- 
ment officials ; 1 

" (8) creating and encouraging the development of 
general information to the public on all energy con- 
servation technologies and energy sources as they 
become available for general use, and the Admin- 
istrator, in conjunction with the Administrator of 
the Federal Energy Administration shall, to the 
extent practicable, disseminate such information 
through the use of mass communications; 

"(9) encouraging and conducting research and de- 
velopment in energy conservation, which shall be 
directed toward the goals of reducing total energy 
consumption to the maximum extent practicable, 
and toward maximum possible improvement in the 
efficiency of energy use. Development of new and 
improved conservation measures shall be conducted 
with the goal of the most expeditious possible appli- 
cation of these measures ; 

"(10) encouraging and participating in interna- 
tional cooperation in energy and related environ- 
mental research and development ; 

"(11) helping to assure an adequate supply of 
manpower for the accomplishment of energy re- 
search and development programs, by sponsoring 
and assisting in education and training activities in 
institutions of higher education, vocational schools, 
and other institutions, and by assuring the collection, 
analysis, and dissemination of necessary manpower 
supply and demand data ; 

"(12) encouraging and conducting research and 
development in clean and renewable energy sources. 



'ABOLITION AXD TRANSFERS 



Atomic 
Energy 
Commission. 
42 U.S.C. 5814. 



"Sec. 104. (a) The Atomic Energy Commission is here- 
by abolished. Sections 21 and 22 of the Atomic Energy 
Act of 1954, as amended (42 U.S.C. 2031 and 2032) are 
repealed. 

"(b) All other functions of the Commission, the Chair- 
man and members of the Commission, and the officers and 
components of the Commission are hereby transferred or 
allowed to lapse pursuant to the provisions of this Act. 

"(c) There are hereby transferred to and vested in the 
Administrator all functions of the Atomic Energy Com- 
mission, the Chairman and members of the Commission, 
and the officers and components of the Commission, ex- 
cept as otherwise provided in this Act. 



1 Public Law 95-39 (91 Stat. 200) (1977). sec. 510(a), amended sec. 
103 by redesignating paragraphs (7) through (11) as paragraphs (8) 
through (12), respectively, and inserted a new paragraph (7). 



151 






"(d) The General Advisory Committee established 
pursuant to section 26 of the Atomic Energy Act of 1054:, 
as amended (42 U.S.C. 2036). the Patent Compensation 
Board established pursuant to section 157 of the Atomic 
Energy Act of 1954, as amended (-42 U.S.C. 2187) and the 
Divisions of Military Application and Naval Research 
established pursuant to section 25 of the Atomic Energy 
Act of 1954. as amended (42 U.S.C. 2035) , are transferred 
to the Energy Research and Development Administration 
and the functions of the Commission with respect thereto, 
and with respect to relations with the Military Liaison 
Committee established by section 27 of the Atomic Energy 
Act of 1954, as amended(42 U.S.C. 2037) , are transferred 
to the Administrator. 

"(e) There are hereby transferred to and vested in the 
Administrator such functions of the Secretary of the In- 
terior, the Department of the Interior, and officers and 
components of such department — 

"(1) as relate to or are utilized by the Office of 
Coal Research established pursuant to the Act of 
July 1, 1960 (74 Stat. 336: 30 U.S.C. 661-668) ; 

"(2) as relate to or are utilized in connection with 
fossil fuel energy research and development pro- 
grams and related activities conducted by the Bureau 
of Mines 'energy centers' and synthane plant to pro- 
vide greater efficiency in the extraction, processing, 
and utilization of energy resources for the purpose of 
conserving those resources, developing alternative 
energy resources such as oil and gas secondary and 
tertiary recovery, oil shale and synthetic fuels, im- 
proving methods of managing energy-related wastes 
and pollutants, and providing technical guidance 
needed to establish and administer national energy 
policies: and 

"(3) as relate to or are utilized for underground 
electric power transmission research. 
The Administrator shall conduct a study of the potential 
energy applications of helium and. within six months 
from the date of the enactment of this Act. report to the 
President and Congress his recommendations concerning 
the management of the Federal helium programs, as they 
relate to energy. 

"(f) There are hereby transferred to and vested in the 
Administrator such functions of the Xational Science 
Foundation as relate to or are utilized in connection 
with — 

"(1) solar heating and cooling development: and 
"(2) geothermal power development. 
* ; (g) There are hereby transferred to and vested in the 
Administrator such functions of the Environmental Pro- 
tection Agency and the officers and components thereof as 



Interior 

Department 

functions. 



88 Stat. 1238. 
Helium 
applications 
study. 

88 Stat. 1238. 
Report to 
President and 
Congress. 

National 
Science 
Foundation 
functions. 



Environmental 
Protection 
Agency 
functions. 



152 



Use of other 

agencies' 
capabilities. 



relate to or are utilized in connection with research, de- 
velopment, and demonstration, but not assessment or 
monitoring for regulatory purposes, of alternative auto- 
motive power systems. 

" (h) To the extent necessary or appropriate to perform 
functions and carry out programs transferred by this 
Act, the Administrator and Commissions may exercise, in 
relation to the functions so transferred, any authority or 
part thereof available by law, including appropriation 
Acts, to the official or agency from which such functions 
were transferred. 

"(i) In the exercise of his responsibilities under section 
103, the Administrator shall utilize, with their consent, to 
the fullest extent he determines advisable the technical 
and management capabilities of other executive agencies 
having facilities, personnel, or other resources which can 
assist or advantageously be expanded to assist in carry- 
ing out such responsibilities. The Administrator shall 
consult with the head of each agency with respect to 
such facilities, personnel, or other resources, and may 
assign, with their consent, specific programs or projects 
in energy research and development as appropriate. In 
making such assignments under this subsection, the head 
of each such agency shall insure that — 

"(1) such assignments shall be in addition to and 
not detract from the basic mission responsibilities of 
the agency, and 

"(2) such assignments shall be carried out under 
such guidance as the Administrator deems appro- 
priate. 



a 



ADMINISTRATIVE PROVISIONS 



Regulations. 
42 U.S.C. 5815. 



Policy plan- 
ning and 
evalaution. 



Delegation of 
functions. 



Organization. 



"Sec. 105. (a) The Administrator is authorized to pre- 
scribe such policies, standards, criteria, procedures, rules, 
and regulations as he may deem to be necessary or appro- 
priate to perform functions now or hereafter vested in 
him. 

"(b) The Administrator shall engage in such policy 
planning, and perform such program evaluation analyses 
and other studies, as may be necessary to promote the effi- 
cient and coordinated administration of the Administra- 
tion and properly assess progress toward the achieve- 
ment of its missions. 

"(c) Except as otherwise expressly provided by law, 
the Administrator may delegate any of his functions to 
such officers and employees of the Administration as he 
may designate, and may authorize such successive re- 
delegations of such functions as he may deem to be 
necessary or appropriate. 

"(d) Except as provided in section 102 and in section 
104(d) , the Administrator may organize the Administra- 
tion as he may deem to be necessary or appropriate. 



153 



Workin 
tal fu 



a 



capl- 



"(e) The Administrator is authorized to establish, Field offices, 
maintain, alter, or discontinue such State, regional, dis- 
trict, local, or other field offices as he may deem to be 
necessary or appropriate to perform functions now or 
hereafter vested in him. 88 gtat 1239 

"(f) The Administrator shall cause a seal of office to be seal, 
made for the Administration of such device as he shall 
approve, and judicial notice shall be taken of such seal. 

"(g) The Administrator is authorized to establish a 
working capital fund, to be available without fiscal year 
limitation, for expenses necessary for the maintenance 
and operation of such common administrative services as 
he shall find to be desirable in the interests of economy 
and efficiency. There shall be transferred to the fund the 
stocks of supplies, equipment, assets other than real prop- 
erty, liabilities, and unpaid obligations relating to the 
services which he determines will be performed through 
the fund. Appropriations to the fund, in such amounts as 
may be necessary to provide additional working capital, 
are authorized. The working capital fund shall recover, 
from the appropriations and funds for which services are 
performed, either in advance or by way of reimburse- 
ment, amounts which will approximate the costs incurred, 
including the accrual of annual leave and the deprecia- 
tion of equipment. The fund shall also be credited with 
receipts from the sale or exchange of its property, and 
receipts in payment for loss or damage to property owned 
by the fund. 

"(h) Each department, agency, and instrumentality of Spfiter 11 
the executive branch of the Government is authorized to a s enci e3. 
furnish to the Administrator, upon his request, any infor- 
mation or other data which the Administrator deems nec- 
essary to carry out his duties under this title. 



"personnel axd services 
"Sec. 106. (a) The Administrator is authorized to and°pay men 



42U.S.C. 5S16. 



Experts and 



select, appoint, employ, and fix the compensation of such 
officers and employees, including attorneys, pursuant to 
section 161 d. of the Atomic Energy Act of 1954. as 
amended (42 U.S.C. 2201(d)) as are necessary to per- 
form the functions now or hereafter vested in him and 
to prescribe their functions. 

"(b) The Administrator is authorized to obtain serv- ^oTsuulntsT 
ices as provided by section 3109 of title 5 of the United 
States Code. 

"(c) The Administrator is authorized to provide for personnel. 
participation of military personnel in the performance of 
his functions. Members of the Army, the Navy, the Air 
Force, or the Marine Corps may be detailed for service in 
the Administration by the appropriate military Secre- 



3S-93S- 



-li 



154 



Transporta- 
tion and 
per diem. 



tary, pursuant to cooperative agreements with the Secre- 
tary, for service in the Administration in positions other 
than a position the occupant of which must be approved 
by and with the advice and consent of the Senate. 

"(d) Appointment, detail, or assignment to, acceptance 
of, and service in, any appointive or other position in the 
Administration under this section shall in no way affect 
the status, office, rank, or grade which such officers or 
enlisted men may occupy or hold, or any emolument, per- 
quisite, right, privilege, or benefit incident to or arising 
out of any such status, office, rank, or grade. A member so 
appointed, detailed, or assigned shall not be subject to 
direction or control by his Armed Force, or any officer 
thereof, directly or indirectly, with respect to the respon- 
sibilities exercised in the position to which appointed, 
detailed, or assigned. 

"(e) The Administrator is authorized to pay trans- 
portation expenses, and per diem in lieu of subsistence ex- 
penses, in accordance with chapter 57 of title 5 of the 
United States Code for travel between places of recruit- 
ment and duty, and while at places of duty, of persons 
appointed for emergency, temporary, or seasonal services 
in the field service of the Administration. 

"(f) The Administrator is authorized to utilize, on a 
reimbursable basis, the services of any personnel made 
available by any department, agency, or instrumentality, 
including any independent agency of the Government. 

"(g) The Administrator is authorized to establish ad- 
visory boards, in accordance with the provisions of the 
5 u.s.c. app. I. Federal Advisory Committee Act (Public Law 92-463), 
to advise with and make recommendations to the Admin- 
istrator on legislation, policies, administration, research, 
and other matters. 

"(h) The Administrator is authorized to employ per- 
sons who are not citizens of the United States in expert, 
scientific, technical, or professional capacities whenever 
he deems it in the public interest. 



88 Stat. 1240. 
Personnel of 
other agencies. 



Advisory 
boards. 



Noncitizens. 



a 



POWERS 



Research and "Sec. 107. (a) The Administrator is authorized to exer- 

deveiopment. ^^ ^. g p 0wers j n g^^ manner as to insure the continued 

42 u.s.c. 5817. conduct of research and development and related activi- 
ties in areas or fields deemed by the Administrator to be 
pertinent to the acquisition of an expanded fund of scien- 
tific, technical, and practical knowledge in energy mat- 
Contracts, etc. tcrs. To this end, the Administrator is authorized to make 
arrangements (including contracts, agreements, and 
loans) for the conduct of research and development ac- 
tivities with private or public institutions or persons, in- 
cluding participation in joint or cooperative projects of a 
research, developmental, or experimental nature; to make 



155 

payments (in lump sum or installments, and in advance or 
by way of reimbursement, with necessary adjustments on 
account of overpayments or underpayments) ; and gen- 
erally to take suchsteps as he may deem necessary or ap- 
propriate to perform functions now or hereafter vested in 
him. Such functions of the Administrator under this Act 
as are applicable to the nuclear activities transferred pur- 
suant to this title shall be subject to the provisions of the 
Atomic Energy Act of 1954, as amended, and to other J^.s.c. 2011 
authority applicable to such nuclear activities. The non- 
nuclear responsibilities and functions of the Administra- 
tor referred to in sections 103 and 104 of this Act shall be 
carried out pursuant to the provisions of this Act, appli- 
cable authority existing immediately before the effective 
date of this Act, or in accordance with the provisions of 
chapter 4 of the Atomic Energy Act of 1954, as amended 
(42 U.S.C. 2051-2053). 

" (b) Except for public buildings as defined in the Pub- Fadiittesaiid 
lie Buildings Act of 1959, as amended, and with respect to 4o a u.^c? e 6of 
leased space subject to the provisions of Reorganization g^'s.c. 
Plan Numbered 18 of 1950, the Administrator is author- app.' 11/ 
ized to acquire (by purchase, lease, condemnation, or 
otherwise) , construct, improve, repair, operate, and main- 
tain facilities and real property as the Administrator 
deems to be necessary in and outside of the District of 
Columbia. Such authority shall apply only to facilities 
required for the maintenance and operation of labora- 
tories, research and testing sites and facilities, quarters, 
and related accommodations for employees and depend- 
ents of employees of the Administration, and such other 
special-purpose real property as the Administrator deems 
to be necessary in and outside the District of Columbia. 
Title to any property or interest therein, real, personal, or 
mixed, acquired pursuant to this section, shall be in the 
United States. 

"(c) (1) The Administrator is authorized to provide, Serrices for 
construct, or maintain, as necessary and when not other- a? remote 
wise available, the following for employees and their locatlona - 
dependents stationed at remote locations : 

"(A) Emergency medical services and supplies. 

"(B) Food and other subsistence supplies. 

"(C) Messing facilities. 

"(D) Audiovisual equipment, accessories, and sup- 
plies for recreation and training. 

" (E) Reimbursement for food, clothing, medicine, 
and other supplies furnished by such employees in 
emergencies for the temporary relief of distressed 
persons. 

"(F) Living and working quarters and facilities. 

"(G) Transportation for school-age dependents of 
employees to the nearest appropriate educational 
facilities. 



88 Stat. 1241. 



156 



Acquisition of 
copyrights, 
patents, etc. 



Dissemination 
of information. 



Gifts and 
bequests. 



"(2) The furnishing of medical treatment under sub- 
paragraph (A) of paragraph (1) and the furnishing of 
services and supplies under paragraphs (B) and (C) of 
paragraph (1) shall be at prices reflecting reasonable 
value as determined by the Administrator. 

"(T>) Proceeds from reimbursements under this section 
shall be deposited in the Treasury and may be withdrawn 
by the Administrator to pay directly the cost of such 
work or services, to repay or make advances to appropria- 
tions or funds which do or will bear all or a part of such 
cost, or to refund excess sums when necessary; except 
that such payments may be credited to a service or work- 
ing capital fund otherwise established by law, and used 
under the law governing such funds, if the fund is avail- 
able for use by the Administrator for performing the 
work or services for which payment is received. 

"(d) The Administrator is authorized to acquire any of 
the following described rights if the property acquired 
thereby is for use in, or is useful to, the performance of 
functions vested in him : 

" (1) Copyrights, patents, and applications for pat- 
ents, designs, processes, specifications, and data. 

"(2) Licenses under copyrights, patents, and ap- 
plications for patents. 

"(3) Keleases, before suit is brought, for past in- 
fringement of patents or copyrights. 

"(e) Subject to the provisions of chapter 12 of the 
Atomic Energy Act of 1954, as amended (42 U.S.C. 2161- 
2166), and other applicable law, the Administrator shall 
disseminate scientific, technical, and practical informa- 
tion acquired pursuant to this title through information 
programs and other appropriate means, and shall encour- 
age the dissemination of scientific, technical, and practical 
information relating to energy so as to enlarge the fund 
of such information and to provide that free interchange 
of ideas and criticism which is essential to scientific and 
industrial progress and public understanding. 

"(f) The Administrator is authorized to accept, hold, 
administer, and utilize gifts, and bequests of property, 
both real and personal, for the purpose of aiding or facili- 
tating the work of the Administration. Gifts and bequests 
of money and proceeds from sales of other property re- 
ceived as gifts or bequests shall be deposited in the Treas- 
ury and shall be disbursed upon the order of the Admin- 
istrator. For the purposes of Federal income, estate, and 
gift taxes, property accepted under this section shall be 
considered as a gift or bequest to the United States. 

"Sec. 108. 2 



2 Public Law 95-91 (91 Stat. 60S) (1977), repealed see. 108. which read 
as follows: "(a) There is established in the Executive Office of the 
President an Energy Resources Council. The Council shall be composed 
of the Secretary of the Interior, the Administrator of the Federal Energy 
Administration, the Administrator of the Energy Research and Develop- 
ment Administration, the Secretary of State, the Director, Office of 

(Continued) 



157 
"future reorganization 

"Sec. 109. (a) The President shall transmit to the Con- g^ ss t0 
gress as promptly as possible, but not later than June 30, 42 u.s.c.'58i9. 
1975, such additional recommendations as he deems ad- 
visable for organization of energy and related functions 
in the Federal Government, including, but not limited to, 
whether or not there shall be established (1) a Depart- 
ment of Energy and Natural Eesources, (2) an Energy 
Policy Council, and (3) a consolidation in whole or in 
part of regulatory functions concerning energy. 

"(b) This report shall replace and serve the purposes 
of the report required by section 15 (a) (4) of the Federal Ante > p- k> 9 - 
Energy Administration Act. 



"Sec. 110. The Administrator is authorized to establish * 2 u.s.c. 5820. 
programs to utilize research and development performed 
by other Federal agencies to minimize the adverse envi- 
ronmental effects of energy projects. The Administrator 
of the Environmental Protection Agency, as well as other 
affected agencies and departments, shail cooperate fully 
with the Administrator in establishing and maintaining 
such programs, and in establishing appropriate inter- 

( Continued) 

Management and Budget, and such other officials of the Federal Govern- 
ment as the President may designate. The President shall designate one 
of the members of the Council to serve as Chairman. 

"(b) It shall be the duty and function of the Council to— 

"(1) insure communication and coordination among the agencies 
of the Federal Government which have responsibilities for the de- 
velopment and implementation of energy policy or for the manage- 
ment of energy resources ; 

"(2) make recommendations to the President and to the Congress 
for measures to improve the implementation of Federal energy 
policies or the management of energy resources with particular 
emphasis upon policies and activities involving two or more De- 
partments or independent agencies : 

"(3) advise the President in the preparation of the reorganiza- 
tion recommendations required by section 110 of this Act ; and 

"(4) insure that Federal agencies fully discharge their responsi- 
bilities under sections 507 and 508 of the National Energy Extension 
Service Act for coordination and planning of their related activities 
under such Act and any other law, including but not limited to the 
Enerey Policy and Conservation Act.* 
"(c) The Chairman of the Council may not refuse to testify before 
the Congress or any duly authorized committee thereof regarding the 
duties of the Council or other matters concerning interagency coordina- 
tion of energy policy and activities. 

"(d) This section shall be effective no later than sixty days after 
the enactment of this Act or such earlier date as the President shall 
prescribe and publish in the Federal Register, and shall terminate 
upon enactment of a permanent department responsible for energy and 
natural resources or two years after such effective date, whichever shall 
occur first. 

"(e) There is hereby established an Energy Conservation Subcom- 
mittee within the Council, which shall be chaired by the Administrator 
of the Energy Research and Development Administration, to discharge 
the responsibilities specified in subsection (b) (4) of this section and 
other related functions associated with the coordination and manage- 
ment of Federal efforts in the areas of energy conservation and energy 
conservation research, development and demonstration.** 

♦Public Law 95-39 (91 Stat. 200) (1977), sec. 510(b) amended 
sec. 108(b) by striking out "and" at the end of paragraph (2), by 
striking out the period at the end of paragraph (3) and inserting 
in lieu thereof ": and", and added a new paragraph (4). 

**Public Law 95-39 (91 Stat. 200) (1977), sec. 510(c), amended 
sec. 108, by adding a new subsec. (e). 



158 

agency agreements to develop cooperative programs and 
to avoid unnecessary duplication. 



42 U.S.C. 5821. 



42 U.S.C. 2017. 



42 U.S.C. 5915. 
Pott, p. 81. 



"Operating 

expenses", 

appropriations. 



Report to 

congressional 

committees. 



Expenditure 
limitations. 



"PROVISIONS APPLICABLE TO ANNUAL AUTHORIZATION ACTS 

"Sec. 111. (a) All appropriations made to the Energy 
Kesearch and Development Administration or the Ad- 
ministrator shall, except as otherwise provided by law, 
be subject to annual authorization in accordance with sec- 
tion 261 of the Atomic Energy Act of 1954, section 16 of 
the Federal Nonnuclear Energy Kesearch and Develop- 
ment Act of 1974, and section 305 of this Act. The provi- 
sions of this section shall apply with respect to appropria- 
tions made pursuant to the Act providing such authori- 
zation (hereinafter in this section referred to as 'annual 
authorization Acts'). 

"(b)(1) Funds appropriated pursuant to an annual 
authorization Act for 'Operating expenses' may be used 
for — 

" (A) the construction or acquisition of any facil- 
ities, or major items of equipment, which may be 
required at locations other than installations of the 
Administration, for the performance of research, 
development, and demonstration activities, and 

"(B) grants to any organization for purchase or 
construction of research facilities. 
No such funds shall be used under this subsection for the 
acquisition of land. Fee title to all such facilities and 
items of equipment shall be vested in the United States, 
unless the Administrator or his designee determines in 
writing that the research, development, and demonstra- 
tion authorized by such Act would best be implemented 
by permitting fee title or any other property interest to 
be vested in an entity other than the United States; but 
before approving the vesting of such title or interest in 
such entity, the Administrator shall (i) transmit such 
determination, together with all pertinent data, to the 
Committee on Science and Technology of the House of 
Representatives and the Committee on Energy and Natu- 
ral Resources of the Senate and (ii) wait a period of 
thirty calendar days (not including any day in which 
either House of Congress is not in session because of ad- 
journment of more than three calendar days to a day cer- 
tain), unless prior to the expiration of such period each 
such committee has transmitted to the Administrator 
written notice to the effect that such committee has no 
objection to the proposed action. 

"(2) "No funds shall be used under paragraph (1) for 
anv facility or major item of equipment, including col- 
lateral equipment, if the estimated cost to the Federal 



159 



Government exceeds $5,000,000 in the case of such a facil- 
ity or $2,000,000 in the case of such an item of equipment, 
unless such facility or item has been previously author- 
ized by the appropriate committees of the House of Rep- 
resentatives and the Senate, or the Administrator — 

"(A) transmit to the appropriate committees of 
the House of Representatives and the Senate a report 
on such facility or item showing its nature, purpose, 
and estimated cost, and 

"(B) waits a period of thirty calendar days (not 
including any day in which either House of Congress 
is not in session because of adjournment of more than 
three calendar days to a day certain) , unless prior to 
the expiration of such period each such committee 
has transmitted to the Administrator written notice 
to the effect that such committee has no objection to 
the proposed action. 
"(c) (1) Not to exceed 1 per centum of all funds ap- 
propriated pursuant to any annual authorization Act for 
'Operating expenses' may be used by the Administra- 
tor to construct, expand, or modify laboratories and other 
facilities, including the acquisition of land, at any loca- 
tion under the control of the Administrator, if the Ad- 
ministrator determines that (A) such action would be 
necessary because of changes in the national programs au- 
thorized to be funded by such Act or because of new sci- 
entific or engineering developments, and (B) deferral of 
such action until the enactment of the next authorization 
Act would be inconsistent with the policies established by 
Congress for the Administration. 

" (2) No funds may be obligated for expenditure or ex- 
pended under paragraph (1) for activities described in 
such paragraph unless — 

"(A) a period of thirty calendar days (not in- 
cluding any day in which either House of Congress 
is not in session because of adjournment of more than 
three calendar days to a day certain) has passed after 
the Administrator has transmitted to the appropriate 
committees of the House of Representatives and the 
Senate a written report containing a full and com- 
plete statement concerning (i) the nature of the con- 
struction, expansion, or modification involved, (ii) 
the cost thereof, including the cost of any real estate 
action pertaining thereto, and (iii) the reason why 
such construction, expansion, or modification is nec- 
essary and in the national interest, or 

"(B) each such committee before the expiration 
of such period has transmitted to the Administrator 
a written notice to the effect that such committee has 



Report to 

congressional 

committees. 



Limitation. 



Report, 
transmittal to 
congressional 
committees. 
Notice. 



160 



Report, 

transmittal to 
congressional 
committees. 

Notice. 



Funds merger, 
limitations. 



no objection to the proposed action ; 
except that this paragraph shall not apply to any project 
the estimated total cost of which does not exceed $50,000. 
"(d) (1) Except as otherwise provided in the authori- 
zation Act involved — 

"(A) no amount appropriated pursuant to any 
annual authorization Act may be used for any pro- 
gram in excess of the amount actually authorized 
for that particular program by such Act, and 

"(B) no amount appropriated pursuant to any an- 
nual authorization Act may be used for any program 
which has not been presented to, or requested of the 
Congress, 
unless (i) a period of thirty calendar days (not including 
any day in which either House of Congress is not in ses- 
sion because of adjournment of more than three calendar 
days to a day certain) has passed after the receipt by the 
appropriate committees of the House of Representatives 
and the Senate of notice given by the Administrator con- 
taining a full and complete statement of the action pro- 
posed to be taken and the facts and circumstances relied 
upon in support of such proposed action, or (ii) each such 
committee before the expiration of such period has trans- 
mitted to the Administrator written notice to the effect 
that such committee has no objection to the proposed 
action. 

"(2) Notwithstanding any other provision of this sec- 
tion or the authorization Act involved, the aggregate 
amount available for use within the categories of coal, 
petroleum and natural gas, oil shale, solar, geothermal, 
nuclear energy (non-weapons), environment and safety, 
and conservation from sums appropriated pursuant to an 
annual authorization Act may not, as a result of repro- 
graming, be decreased by more than 10 per centum of the 
total of the sums appropriated pursuant to such Act for 
those categories. 

" (e) Subject to the applicable requirements and limita- 
tions of this section and the authorization Act involved, 
when so specified in an appropriation Act, amounts ap- 
propriated pursuant to any annual authorization Act for 
'Operating expenses' or for 'Plant and capital equipment' 
may be merged with any other amounts appropriated for 
like purposes pursuant to any other Act authorizing ap- 
propriations for the Administration : Provided, That no 
such amounts appropriated for 'Plant and capital equip- 
ment' may be merged with amounts appropriated for 
'Operating expenses'. 

"(f) When so specified in an appropriation Act, 
amounts appropriated pursuant to any annual authoriza- 



161 



tion Act for 'Operating expenses' or for 'Plant and capi- 
tal equipment' may remain available until expended. 

"(g) The Administrator is authorized to perform 
construction design services for any administratation 
construction project whenever (1) such construction 
project has been included in a proposed authorization 
bill transmitted to the Congress by the Administration, 
and (2) the Administration determines that the project 
is of such urgency in order to meet the needs of national 
defense or protection of life and property or health and 
safety that construction of the project should be initiated 
promptly upon enactment of legislation appropriating 
funds for its construction. 

"(h) When so specified in appropriation Acts, any 
moneys received by the Administration may be retained 
and used for operating expenses, and may remain avail- 
able until expended, notwithstanding the provisions of 
section 3617 of the Kevised Statutes (31 U.S.C. 484) ; 
except that — 

"(1) this subsection shall not apply with respect 
to sums received from disposal of property under 
the Atomic Energy Community Act of 1955 or the 
Strategic and Critical Materials Stockpiling Act, as 
amended, or with respect to fees received for tests 
or investigations under the Act of May 16, 1910, as 
amended (42 U.S.C. 2301; 50 U.S.C. 98h; 30 U.S.C. 
7) ; and 

"(2) revenues received by the Administration 
from the enrichment of uranium shall (when so 
specified) be retained and used for the specific pur- 
pose of offsetting costs incurred by the Administra- 
tion in providing uranium enrichment service 
activities. 
" (i) When so specified in an appropriation Act, trans- 
fers of sums from the 'Operating expenses' appropria- 
tion made pursuant to an annual authorization Act may 
be made to other agencies of the Government for the per- 
formance of the work for which the appropriation is 
made, and in such cases the sums so transferred may be 
merged with the appropriations to which they are 
transferred. 3 



Construction 
design services. 



Funds, 
transfer. 



"TITLE II— NUCLEAE EEGULATOEY 
"COMMISSION 



ESTABLISHMENT AXD TRANSFERS 



"Sec. 201. (a) (l) 4 There is established an independent Members and 
regulatory commission to be known as the Nuclear Eegu- 42 ufsfaWi. 



8 Public Law 95-238 (92 Stat. 56) (1978), sec. 201 added sec. 111. 
'Public Law 94-79 (89 Stat. 413) (1975), sec. 201 added "(1)" im- 
mediately after "Sec. 201. (a)." 



162 



88 Stat. 1243. 



latory Commission which shall be composed of five mem- 
bers, each of whom shall be a citizen of the United States. 
The President shall designate one member of the Com- 
mission as Chairman thereof to serve as such during the 
pleasure of the President. The Chairman may from time 
to time designate any other member of the Commission 
as Acting Chairman to act in the place and stead of the 
Chairman during his absence. The Chairman (or the 
Acting Chairman in the absence of the Chairman) shall 
preside at all meetings of the Commission and a quorum 
for the transaction of business shall consist of at least 
three members present. Each member of the Commission, 
including the Chairman, shall have equal responsibility 
and authority in all decisions and actions of the Commis- 
sion, shall have full access to all information relating to 
the performance of his duties or responsibilities, and 
shall have one vote. Action of the Commission shall be 
determined by a majority vote of the members present. 
The Chairman (or Acting Chairman in the absence of 
the Chairman) shall be the official spokesman of the 
Commission in its relations with the Congress, Govern- 
ment agencies, persons, or the public, and, on behalf of 
the Commission, shall see to the faithful execution of the 
policies and decisions of the Commission, and shall re- 
port thereon to the Commission from time to time or as 
the Commission may direct. The Commission shall have 
an official seal which shall be judicially noticed. 

"(2) The Chairman of the Commission shall be the 
principal executive officer of the Commission, and he 
shall exercise all of the executive and administrative 
functions of the Commission, includng functions of the 
Commission with respect to (a) the appointment and 
supervision of personnel employed under the Commis- 
sion (other than personnel employed regularly and full 
time in the immediate offices of Commissioners other 
than the Chairman, and except as otherwise provided 
42^u.s.c. 5801 in the Energy Keorganization Act of 1974), (b) the 
distribution of business among such personnel and among 
administrative units of the Commission, and (c) the 
use and expenditure of funds. 

" (3) In carrying out any of his functions under the pro- 
visions of this section the Chairman shall be governed 
by general policies of the Commission and by such reg- 
ulatory decisions, findings, and determinations as the 
Commission may by law be authorized to make. 



SeaL 



Commission 

Chairman, 

functions. 



note. 



163 

" (4) The appointment by the Chairman of the heads 
of major administrative units under the Commission 
shall be subject to the approval of the Commission. 

"(5) There are hereby reserved to the Commission its 
functions with respect to revising budget estimates and 
with respect to determining upon the distribution of ap- 
propriated funds according to major programs and 
purposes. 5 

"(b) (1) Members of the Commission shall be appointed 
by the President, by and with the advice and consent of 
the Senate. 

" (2) Appointments of members pursuant to this sub- 
section shall be made in such a manner that not more 
than three members of the Commission shall be members 
of the same political party. 

"(c) Each member shall serve for a term of five years, Te r m of office. 
each such term to commence on July 1, except that of the 
five members first appointed to the Commission, one shall 
serve for one year, one for two years, one for three years, 
one for four years, and one for five years, to be desig- 
nated by the President at the time of appointment ; and 
except that any member appointed to fill a vacancy oc- 
curring prior to the expiration of the term for which his 
predecessor was appointed, shall be appointed for the 
remainder of such term. For the purpose of determining 
the expiration date of the terms of office of the five mem- 
bers first appointed to the Nuclear Regulatory Commis- 
sion, each such term "shall'' be deemed to have begun 
July 1, 1975. 6 

"(d) Such initial appointments shall be submitted to f^Jj^ent? 
the Senate within sixty days of the signing of this Act. to senate. 
Any individual who is serving as a member of the Atomic 
Energy Commission at the time of the enactment of this 
Act, and who may be appointed by the President to the 
Commission, shall be appointed for a term designated by 
the President, but which term shall terminate not later 
than the end of his present term as a member of the 

5 Public Law 94-79 (89 Stat. 413) (1975). Sec. 201 amended subsec. 
201(a) by addine new subnaragraphs (2) through (5). 

6 Public Law 94-79 (89 Stat. 413) (1975), sees. 202 and 203. amended 
Bubsec. 201(c). Prior to amendment this subsection read as follows: 

"(c) Each member shall serve for a term of fire years, each such term 
to commence on July 1, except that of the five members first appointed 
to the Commission, one shall serve for one year, one for two years, one 
for three years, one for four years, and one for five years, to be desig- 
nated by the President at the time of appointment." 



164 



Transfer of 
AEC functions 
and personnel. 



Additional 
transfers 



88 Stat 1244. 



42 U.S.C. 2011 

note. 

Commission 

Personnel. 

Quarterly 

report to 

Congress. 

42 U.S.C. 5841. 



12 U.S.C. 
2000e. 



Atomic Energy Commission, without regard to the re- 
quirements of subsection (b) (2) of this section. Any sub- 
sequent appointment of such individuals shall be subject 
to the provisions of this section. 

"(e) Any member of the Commission may be removed 
by the President for inefficiency, neglect of duty, or mal- 
feasance in office. No member of the Commission shall 
engage in any business, vocation, or employment other 
than that of serving as a member of the Commission. 

"(f) There are hereby transferred to the Commission 
all the licensing and related regulatory functions of the 
Atomic Energy Commission, the Chairman and members 
of the Commission, the General Counsel, and other officers 
and components of the Commission — which functions, 
officers, components, and personnel are excepted from the 
transfer to the Administrator by section 104(c) of this 
Act. 

"(g) In addition to other functions and personnel 
transferred to the Commission, there are also transferred 
to the Commission — 

"(1) the functions of the Atomic Safety and Li- 
censing Board Panel and the Atomic Safety and Li- 
censing Appeal Board ; 

" (2) such personnel as the Director of the Office of 
Management and Budget determines are necessary 
for exercising responsibilities under section 205, re- 
lating to, research, for the purpose of confirmatory 
assessment relating to licensing and other regulation 
under the provisions of the Atomic Energy Act of 
1954, as amended, and of this Act. 
"(h) The Commission shall prepare and submit to the 
Congress a quarterly report which documents, for grades 
GS-11 or above: 

"(1) the number of minority and women candi- 
dates hired, by grade level ; 

"(2) the number of minority and women employ- 
ees promoted, by grade level ; 

"(3) the procedures followed by the Commission 
in preparing job descriptions, informing potential 
applicants, and selecting from candidates the persons 
to be employed in positions at grade GS-11 or above ; 
and 

"(4) other steps taken to meet provisions of the 
Equal Employment Act. 
The first such quarterly report shall be submitted to the 
Congress not later than January 31, 1978, and subsequent 
reports shall be submitted prior to the end of one calen- 
dar month after the end of each calendar quarter there- 
after. 7 



'Public Law 95-209 (91 Stat. 1482) (1977), sec. 2, added a new subsec. h. 



165 



42 U.S.C. 

2071-2112, 
2131-2140. 



"licensing and related regulatory functions re- 
specting SELECTED ADMINISTRATION FACILITIES 

"Sec. 202. Notwithstanding the exclusions provided for 42 u.s.c 5842. 
in section 110 a. or any other provisions of the Atomic 
Energy Act of 1954, as amended (42 U.S.C. 2140(a)), 
the Nuclear Regulatory Commission shall, except as 
otherwise specifically provided by section 110 b. of the 
Atomic Energy Act of 1954, as amended (42 U.S.C. 
2140 (b) ) , or other law, have licensing and related regula- 
tory authority pursuant to chapters 6, 7, 8, and 10 of the 
Atomic Energy Act of 1954, as amended, as to the follow- 
ing facilities of the Administration : 

"(1) Demonstration Liquid Metal Fast Breeder 
reactors when operated as part of the power genera- 
tion facilities of an electric utility system, or when 
operated in any other manner for the purpose of 
demonstrating the suitability for commercial appli- 
cation of such a reactor. 

"(2) Other demonstrations nuclear reactors — ex- 
cept those in existence on the effective date of this 
Act — when operated as part of the power generation 
facilities of an electric utility system, or when op- 
erated in any other manner for the purpose of 
demonstrating the suitability for commercial appli- 
cation of such a reactor. 

"(3) Facilities used primarily for the receipt and 
storage of High-level radioactive wastes resulting 
from activities licensed under such Act. 

"(4) Retrievable Surface Storage Facilities and 
other facilities authorized for the express purpose 
of subsequent long-term storage of high-level radio- 
active waste generated by the Administration, 
which are not used for, or are part of, research and 
development activities. 



'office of nuclear reactor regulation 



Establishment. 
42 U.S.C. 5843. 
Director. 



"Sec. 203. (a) There is hereby established in the Com- 
mission an Office of Nuclear Reactor Regulation under 
the direction of a Director of Nuclear Reactor Regula- 
tion, who shall be appointed by the Commission, who 
may report directly to the Commission, as provided in 
section 209, and who shall serve at the pleasure of and 
be removable by the Commission. 

"(b) Subject to the provisions of this Act, the Director Functions 
of Nuclear Reactor Regulation shall perform such func- 
tions as the Commission shall delegate including: 

"(1) Principal licensing and regulation involving note 
all facilities, and materials licensed under the 
Atomic Energy Act of 1954, as amended, associated 
with the construction and operation of nuclear re- 



42 U.S.C. 2011 



166 



88 Stat 1245. 



actors licensed under the Atomic Energy Act of 
1954, as amended; 

"(2) Review the safety and safeguards of all such 
facilities, materials, and activities, and such review 
functions shall include, but not be limited to — 

"(A) monitoring, testing and recommending 
upgrading of systems designed to prevent sub- 
stantial health or safety hazards; and 

"(B) evaluating methods of transporting 
special nuclear and other nuclear materials and 
of transporting and storing high-level radio- 
active wastes to prevent radiation hazards to 
employees and the general public. 
"(3) Recommend research necessary for the dis- 
charge of the functions of the Commission. 
"(c) Nothing in this section shall be construed to limit 
in any way the functions of the Administration relating 
to the safe operation of all facilities resulting from all 
activities within the jurisdiction of the Administration 
pursuant to this Act. 



'OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS 



Establishment. 
42U.S.C. 6844. 
Director. 



Functions. 



42 U.S.C. 2011 
note. 



"Sec. 204. (a) There is hereby established in the Com- 
mission an Office of Nuclear Material Safety and Safe- 
guards under the direction of a Director of Nuclear Ma- 
terial Safety and Safeguards, who shall be appointed by 
the Commission, who may report directly to the Com- 
mission as provided in section 209, and who shall serve 
at the pleasure of and be removable by the Commission. 
"(b) Subject to the provisions of this Act, the Director 
of Nuclear Material Safety and Safeguards shall per- 
form such functions as the Commission shall delegate 
including : 

" (1) Principal licensing and regulation involving 
all facilities and materials, licensed under the Atomic 
Energy Act of 1954, as amended, associated with the 
processing, transport, and handling of nuclear mate- 
rials, including the provision and maintenance of 
safeguards against threats, thefts, and sabotage of 
such licensed facilities, and materials. 

"(2) Review safety and safeguards of all such 
facilities and materials licensed under the Atomic 
Energy Act of 1954, as amended, and such review 
shall include, but not be limited to — 

"(A) monitoring, testing, and recommending 
upgrading of internal accounting systems for 
special nuclear and other nuclear materials li- 
censed under the Atomic Energy Act of 1954, as 
amended : 

"(B) developing, in consultation and coordi- 
nation with the Administration, contingency 



167 



plans for dealing with threats, thefts, and 
sabotage relating to special nuclear materials, 
high-level radioactive wastes and nuclear fa- 
cilities resulting from all activities licensed 
under the Atomic Energy Act of 1951, as 
amended ; 

"(C) assessing the need for, and the feasibil- 
ity of, establishing a security agency within the 
office for the performance' of the safeguards 
functions, and a report with recommendations 
on this matter shall be prepared within one year 
of the effective date of this Act and promptly 
transmitted to the Congress by the Commission. 
"(3) Recommending research to enable the Com- 
mission to more effectively perform its functions. _ 
"(c) Nothing in this section shall be construed to limit 
in any way the functions of the Administration relating 
to the safeguarding of special nuclear materials, high- 
level radioactive wastes and nuclear facilities resulting 
from all activities within the jurisdiction of the Admin- 
istration pursuant to this Act. 



Report to 
Congress. 



88 Stat 1246. 



"OFFICE OF NUCLEAR REGULATORY RESEARCH 

"Sec. 205. (a) There is hereby established in the Com- 
mission and Office of Nuclear Regulatory Research under 
the direction of a Director of Nuclear Regulatory 
Research, who shall be appointed by the Commission, 
who may report directly to the Commission as provided 
in section 209, and who shall serve at the pleasure of and 
be removable by the Commission. 

"(b) Subject to the provisions of this Act, the Director 
of Nuclear Regulatory Research shall perform such func- 
tions as the Commission shall delegate including : 

"(1) Developing recommendations for research 
deemed necessary for performance by the Commis- 
sion of its licensing and related regulatory functions. 
"(2) Engaging in or contracting for research 
which the Commission deems necessary for the per- 
formance of its licensing and related regulatory 
functions. 
" (c) The Administrator of the Administration and the 
head of every other Federal agency shall — 

" (1) cooperate with respect to the establishment of 
priorities for the furnishing of such research serv- 
ices as requested by the Commission for the conduct 
of its functions ; 

"(2) furnish to the Commission, on a reimbursable 
basis, through their own facilities or by contract or 
other arrangement, such research services as the 
Commission deems necessary and requests for tha 
performance of its functions ; and 



Establishment 
42U.S.C. 5845. 



Director. 



Functions. 



Cooperation 
of Federal 
agencies. 



168 



Information 
and research 
services. 



Improved Safel 
Systems Reseai 
Long-term plan 
development. 
42 U.S.C. 5845. 



"(3) consult and cooperate with the Commission 

on research and development matters of mutual 

interest and provide such information and physical 

access to its facilities as will assist the Commission 

in acquiring the expertise necessary to perform its 

licensing and related regulatory functions. 

"(d) Nothing in subsections (a) and (b) of this section 

or section 201 of this Act shall be construed to limit in 

any way the functions of the Administration relating to 

the safety of activities within the jurisdiction of the 

Administration. 

"(e) Each Federal agency, subject to the provisions of 
existing law, shall cooperate with the Commission and 
provide such information and research services, on a 
reimbursable basis, as it may have or be reasonably able 
to acquire. 

"(f) The Commission shall develop a long-term plan 
for projects for the development of new or improved 
safety systems for nuclear powerplants. 8 



'NONCOMPLIANCE 



42 U.S.C. 2011 
note. 



42 u.s.c. 5846. "Sec. 206. (a) Any individual director, or responsible 
officer of a firm constructing, owning, operating, or sup- 
plying the components of any facility or activity which 
is licensed or otherwise regulated pursuant to the Atomic 
Energy Act of 1954 as amended, or pursuant to this Act, 
who obtains information reasonably indicating that such 
facility or activity or basic components supplied to such 
facility or activity — 

" (1) fails to comply with the Atomic Energy Act 
of 1954, as amended, or any applicable rule, regula- 
tion, order, or license of the Commission relating to 
substantial safety hazards, or 

"(2) contains a defect which could create a sub- 
stantial safety hazard, as defined by regulations 
which the Commission shall promulgate, 
shall immediately notify the Commission of such failure 
to comply, or of such defect, unless such person has actual 
know] edge that the Commission has been adequately in- 
formed of such defect or failure to comply. 

"(b) Any person who knowingly and consciously fails 
to provide the notice required by subsection (a) of this 
section shall be subject to a civil penalty in an amount 
equal to the amount provided by section 234 of the Atomic 
Energy Act of 1954, as amended. 

"(c) The requirements of this section shall be promi- 
nently posted on the premises of any facility licensed or 
otherwise regulated pursuant to the Atomic Energy Act 
of 1954, as amended. 



88 Stat. 1247. 



Penalty. 



42 U.S.C. 2282. 



Posting of 
requirements. 
42 n.s.C. 2011 
note. 



8 Public Law 95-209 (91 Stat. 14S2) (1977), sec. 4, added a new 
subspc. f. 



169 

"(d) The Commission is authorized to conduct such Enforcement, 
reasonable inspections and other enforcement activities as 
needed to insure compliance with the provisions of this 
section. 



"nuclear energy center site survey 

"Sec. 207. (a) (1) The Commission is authorized and 
directed to make or cause to be made under its direction, a 
national survey, which shall include consideration of each 
of the existing or future electric reliability regions, or 
other appropriate regional areas, to locate and identify 
possible nuclear energy center sites. This survey shall be 
conducted in cooperation with other interested Federal, 
State, and local agencies, and the views of interested per- 
sons, including electric utilities, citizens' groups, and 
others, shall be solicited and considered. 

"(2) For purposes of this section, the term 'nuclear 
energy center site' means any site, including a site not 
restricted to land, large enough to support utility opera- 
tions or other elements of the total nuclear fuel cycle, or 
both including, if appropriate, nuclear fuel reprocessing 
facilities, nuclear fuel fabrication plants, retrievable nu- 
clear waste storage facilities, and uranium enrichment 
facilities. 

"(3) The surrey shall include — 

"(a) a regional evaluation of natural resources, in- 
cluding land, air, and water resources, available for 
use in connection with nuclear energy center sites; 
estimates of future electric power requirements that 
can be served by each nuclear energy center site ; an 
assessment of the economic impact of each nuclear 
energy site ; and consideration of any other relevant 
factors, including but not limited to population dis- 
tribution, proximity to electric load centers and to 
other elements of the fuel cycle, transmission line 
rights-of-way, and the availability of other fuel re- 
sources ; 

"(b) an evaluation of the environmental impact 
likely to result from construction and operation of 
such nuclear energy centers, including an evaluation 
whether such nuclear energy centers will result in 
greater or lesser environmental impact than separate 
siting of the reactors and/or fuel cycle facilities ; and 
"(c) consideration of the use of federally owned 
property and other property designated for public 
use, but excluding national parks, national forests, 
national wilderness areas, and national historic 
monuments. 
"(4) A report of the results of the survey shall be 
published and transmitted to the Congress andthe Coun- 
cil on Environmental Quality not later than one vear 
from the date of the enactment of this Act and shall be 



42U.S.C. 5847. 



Federal-State- 
local coopera- 
tion. 

Solicitation 
of views. 



Definition. 



Report to 
Congress and 
Council on 
Environmental 
Quality ; pub- 
lic availability 



38-938 — 79- 



12 



170 



88 Stat. 1248. 



made available to the public, and shall be updated from 
time to time thereafter as the Commission, in its discre- 
tion, deems advisable. The report shall include the Com- 
mission's evaluation of the results of the survey and 
any conclusions and recommendations, including recom- 
mendations for legislation, which the Commission may 
have concerning the feasibility and practicality of locat- 
ing nuclear power reactors and/or other elements of the 
nuclear fuel cycle or nuclear energy center sites. The 
Commission is authorized to adopt policies which will 
encourage the location of nuclear power reactors and 
related fuel cycle facilities on nuclear energy center sites 
insofar as practicable. 



'ABNORMAL OCCURRENCE REPORTS 



Reports to 

Congress. 

42 U.S.C. 5848. 



42U.S.C. 2011 
note. 



Public dis- 
semination of 
Information. 



"Sec. 208. The Commission shall submit to the Con- 
gress each quarter a report listing for that period any 
abnormal occurrences at or associated with any facility 
which is licensed or otherwise regulated pursuant to the 
Atomic Energy Act of 1954 as amended, or pursuant to 
this Act. For the purposes of this section an abnormal 
occurrence is an unscheduled incident or event which 
the Commission determines is significant from the stand- 
point of public health or safety. Nothing in the preced- 
ing sentence shall limit the authority of a court to re- 
view the determination of the Commission. Each such 
report shall contain — 

"(1) the date and place of each occurrence; 

"(2) the nature and probable consequence of each 
occurrence ; 

" (3) the cause or causes of each ; and 

"(4) any action taken to prevent reoccurrence; 
the Commission shall also provide as wide dissemina- 
tion to the public of the information specified in clauses 
(1) and (2) of this section as reasonably possible within 
fifteen days of its receiving information of each abnor- 
mal occurrence and shall provide as wide dissemination 
to the public as reasonably possible of the information 
specified in clauses (3) and (4) as soon as such informa- 
tion becomes available to it. 



u 



OTHER OFFICERS 



Executive 

Director. 

42 U.S.C. 5849. 



Functions. 



"Sec. 209. (a) The Commission shall appoint an Execu- 
tive Director for Operations, who shall serve at the 
pleasure of and be removable by the Commission. 

"(b) The Executive Director shall perform such func- 
tions as the Commission may direct, except that the Ex- 
ecutive Director shall not limit the authority of the di- 
rector of any component organization provided in this 
Act to communicate with or report directly to the Com- 



171 



mission when such director of a component organization 
deems it necessary to carry out his responsibilities. Not- 
withstanding the preceding sentence, each such director 
shall keep the Executive Director fully and currently in- 
formed concerning the content of all such direct commu- 
nications with the Commission. 9 

"(c) The Executive Director shall report to the Com- 
mission at semiannual public meetings on the problems, 
progress, and status of the Commission's equal employ- 
ment opportunity efforts. 10 

"(d) The Executive Director shall prepare and for- 
ward to the Commission an annual report (for the fiscal 
year 1978 and each succeeding fiscal year) on the status 
of the Commission's programs concerning domestic safe- 
guards matters including, an assessment of the effective- 
ness and adequacy of safeguards at facilities and activi- 
ties licensed by the Commission. The Commission shall 
forward to the Congress a report under this section prior 
to February 1, 1979, as a separate document, and prior to 
February 1 of each succeeding year as a separate chapter 
of the Commission's annual report (required under sec- 
tion 307(c) of the Energy Reorganization Act of 1974) 
following the fiscal year to which such report applies. 11 

"(e) 10 There shall be in the Commission not more than 
five additional officers appointed by the Commission. The 
positions of such officers shall be considered career posi- 
tions and be subject to subsection 161 d. of the Atomic 
Enenrv Act. 



Equal 

employment 
opportunity, 
report. 



Annual status 
report. 



Report to 

Congress. 



42U.S.C. 5877. 
Other officers. 



i2 U.S.C. 2201. 



"UNRESOLVED SAFETY ISSUES PLAX 

"Sec. 210. The Commission shall develop a plan pro- 
viding for the specification and analysis of unresolved 42 u.s.c. ssso. 
safety issues relating to nuclear reactors and shall take 
such action as may be necessary to implement corrective 
measures with respect to such issues. Such plans shall be 
submitted to the Congress on or before January 1, 1978 submittal to 
and progress reports shall be included in the annual re- gjg e e s s s s * 
port of the Commission thereafter. 12 reports. 



EMPLOYEE PROTECTIOX 

m "Sec. 210. (a) No employer, including a Commission 42US c sssi 
licensee, an applicant for a Commission license, or a con- 
tractor or a subcontractor of a Commission licensee or 
applicant, may discharge any employee or otherwise dis- 

^^?" b l ic Law 95 ~601 (92 Stat. 2949) (1978), sec. 4(a) amended subsec. 
209(b) by adding the last sentence. 

=o Public Law 95-601 (92 Stat. 2949) (1978), sec. 4(b) amended sub- 
sec. 209(c) by adding a new subsec. (c) and redesignated existing subsec. 
<c) accordingly (existing subsec. (c) was redesignated as subsec. (e) 
because this law also added a new subsec. (d). 

"^ La w 95-601 (92 Stat. 2949) (1978), sec. 6 added subsec. 

^Public Law 95-209 (91 Stat. 1482) (1977) sec. 3, added sec. 210. 



172 



42 U.S.C. 2011 
note. 



Complaint, 
filing: and 
notification. 



Investigation 

and 

notification. 



Order. 



Notice and 

hearing. 

Settlement. 



criminate against any employee with respect to his com- 
pensation, terms, conditions, or privileges of employment 
because the employee (or any person acting pursuant to 
a request of the employee) — 

"(1) commenced, caused to be commenced, or is 
about to commence or cause to be commenced a pro- 
ceeding under this Act or the Atomic Energy Act of 
1954, as amended, or a proceeding for the adminis- 
tration or enforcement of any requirement imposed 
under this Act or the Atomic Energy Act of 1954, as 
amended; 

"(2) testified or is about to testify in any such 
proceeding or ; 

"(3) assisted or participated or is about to assist 
or participate in any manner in such a proceeding or 
in any other manner in such a proceeding or in any 
other action to carry out the purposes of this Act or 
the Atomic Energy Act of 1954, as amended. 
"(b) (1) Any employee who believes that he has been 
discharged or otherwise discriminated against by any 
person in violation of subsection (a) may, within thirty 
days after such violation occurs, file (or have any person 
file on his behalf) a complaint with the Secretary of La- 
bor (hereinafter in this subsection referred to as the 'Sec- 
retary') alleging such discharge or discrimination. Upon 
receipt of such a complaint, the Secretary shall notify the 
person named in the complaint of the filing of the com- 
plaint and the Commission. 

" (2) (A) Upon receipt of a complaint filed under para- 
graph (1), the Secretary shall conduct an investigation 
of the violation alleged in the complaint. Within thirty 
days of the receipt of such complaint, the Secretary shall 
complete such investigation and shall notify in writing 
the complainant (and any person acting in his behalf) 
and the person alleged to have committed such violation 
of the results of the investigation conducted pursuant to 
this subparagraph. Within ninety days of the receipt of 
such complaint the Secretary shall, unless the proceeding 
on the complaint is terminated by the Secretary on the 
basis of a settlement entered into by the Secretary and 
the person alleged to have committed such violation, is- 
sue an order either providing the relief prescribed by sub- 
paragraph (B) or denying the complaint. An order of the 
Secretary shall be made on the record after notice and 
opportunity for public hearing. The Secretary may not 
enter into a settlement terminating a proceeding on a 
complaint without the participation and consent of the 
complainant. 



173 



"(B) If, in response to a complaint filed under para- Rellef - 
graph (1), the Secretary determines that a violation of 
subsection (a) has occurred, the Secretary shall order 
the person who committed such violation to (i) take 
affirmative action to abate the violation, and (ii) rein- 
state the complainant to his former position together 
with the compensation (including back pay), terms, 
conditions, and privileges of his employment, and the 
Secretary may order such person to provide compensa- 
tory damages to the complainant. If an order is issued 
under this paragraph, the Secretary, at the request of the 
complainant shall assess against the person against whom 
the order is issued a sum equal to the aggregate amount 
of all costs and expenses (including attorneys' and expert 
witness fees) reasonably incurred, as determined by the 
Secretary, by the complainant for, or in connection with, 
the bringing of the complaint upon which the order was 
issued. 

" (c)(1) Any person adversely affected or aggrieved by Review, 
an order issued under subsection (b) may obtain review 
of the order in the United States court of appeals for 
the circuit in which the violation, with respect to which 
the order was issued, allegedly occurred. The petition 
for review must be filed within sixty days from the issu- 
ance of the Secretary's order. Review shall conform to 
chapter 7 of title 5 of the United States Code. The com- 
mencement of proceedings under this subparagraph shall 
not. unless ordered by the court, operate as a stay of the 
Secretary's order. 

"(2) An order of the Secretary with respect to which 
review could have been obtained under paragraph (1) 
shall not be subject to judicial review in any criminal or 
other civil proceeding. 

"(d) Whenever a person has failed to comply with an 
order issued under subsection (b) (2), the Secretary may 
file a civil action in the United States district court for 
the district in which the violation was found to occur to 
enforce such order. In actions brought under this sub- 
section, the district courts shall have jurisdiction to grant 
all appropriate relief including, but not limited to, in- 
junctive relief, compensatory, and exemplary damages. 

"(e)(1) Any person on whose behalf an order was 
issued under paragraph (2) of subsection (b) may com- 
mence a civil action against the person to whom such 
order was issued to require compliance with such order. 
The appropriate United States district court shall have 
jurisdiction, without regard to the amount in controversy 
or the citizenship of the parties, to enforce such order. 



5U.S.C. 701 
et seq. 



Jurisdiction. 



174 



Litigatire 
costs. 



42U.S.C. 2011. 



"(2) The court, in issuing any final order under this 
subsection, may award costs of litigation (including rea- 
sonable attorney and expert witness fees) to any party 
whenever the court determines such award is 
appropriate. 

"(f) Any nondiscretionary duty imposed by this sec- 
tion shall be enforceable in a mandamus proceeding 
brought under section 1361 of title 28 of the United 
States Code. 

"(g) Subsection (a) shall not apply with respect to 
any employee who, acting without direction from his or 
her employer (or the employer's agent), deliberating 
causes a violation of any requirement of this Act or of the 
Atomic Energy Act of 1954, as amended. 13 



"TITLE III— MISCELLANEOUS AND 
"TRANSITIONAL PROVISIONS 



TRANSITIONAL PROVISIONS 



Lapses of 
agencies and 
positions. 
42 U.S.C. 5871. 



Stat. 1249. 



Savings 
clauses. 



"Sec. 301. (a) Except as otherwise provided in this 
Act, whenever all of the functions or programs of an 
agency, or other body, or any component thereof, affected 
by this Act, have been transferred from that agency, or 
other body, or any component thereof by this Act. the 
agency, or other body, or component thereof shall lapse. 
If an agency, or other body, or any component thereof. 
lapses pursuant to the preceding sentence, each position 
and office therein which was expressly authorized by law, 
or the incumbent of which was authorized to receive com- 
pensation at the rate prescribed for an officer or position 
at level II, III, IV. or V of the Executive Schedule (5 
U.S.C. 5313-5316), shall lapse. 

"(b) All orders, determinations, rules, regulations, 
permits, contracts, certificates, licenses, and privileges — 
"(1) which have been issued, made, granted, or 
allowed to become effective by the President, any 
Federal department or agency or official thereof, or 
by a court of competent jurisdiction, in the perform- 
ance of functions which are transferred under this 
Act, and 

" (2) which are in effect at the time this Act takes 
effect, 



"Public Law 95-601 (92 Stat. 29.">1> (1978), sec. 10, inadvertently 
duplicated the section number 210 ; which should read "sec. 211.". 



175 

shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked 
by the President, the Administrator, the Commission, or 
other authorized officials, a court of competent jurisdic- 
tion, or by operation of law. 

u (c) The provisions of this Act shall not affect any 
proceeding pending, at the time this section takes effect, 
before the Atomic Energy Commission or any depart- 
ment or agency (or component thereof) functions of 
which are transferred by this Act; but such proceedings, 
to the extent that they relate to functions so transferred, 
shall be continued. Orders shall be issued in such pro- 
ceedings, appeals shall be taken therefrom, and payments 
shall be made pursuant to such orders, as if this Act had 
not been enacted ; and orders issued in any such proceed- 
ings shall continue in effect until modified, terminated, 
superseded, or revoked by a duly authorized official, by a 
court of competent jurisdiction, or by operation of law. 
Nothing in this subsection shall be deemed to prohibit the 
discontinuance or modification of any such proceeding 
under the same terms and conditions and to the same 
extent that such proceeding could have been discontinued 
if this Act had not been enacted. 

"(d) Except as provided in subsection (f) — 

"(1) the provisions of this Act shall not affect suits 
commenced prior to the date this Act takes effect, 
and 

"(2) in all such suits proceedings shall be had, 
appeals taken, and judgments rendered, in the same 
manner and effect as if this Act had not been enacted. 

" (e) No suit, action, or other proceeding commenced by 
or against any officer in his official capacity as an officer 
of any department or agency, functions of which are 
transferred by this Act, shall abate by reason of the 
enactment of this Act. No cause of action by or against 
any department or agency, functions of which are trans- 
ferred by this Act, or by or against any officer thereof in 
his official capacity shall abate by reason of the enact- 
ment of this Act. Causes of actions, suits, actions, or other 
proceedings may be asserted by or against the United 
States or such official as may be appropriate and, in any 
litigation pending when this section takes effect, the 
court may at any time, on its own motion or that of any 
party, enter any order which will give effect to the pro- 
visions of this section. 

"(f) If, before the date on which this Act takes effect, 
any department or agency, or officer thereof in his official 



176 

capacity, is a party to a suit, and under this Act any func- 
tion of such department, agency, or officer is transferred 
to the Administrator or Commission, or any other official, 
then such suit shall be continued as if this Act had not 
been enacted, with the Administrator or Commission, 
or other official, as the case may be, substituted. 

"(g) Final orders and actions of any official or com- 
ponent in the performance of functions transferred by 
this Act shall be subject to judicial review to the same 
extent and in the same manner as if such orders or actions 
had been made or taken by the officer, department, 
agency, or instrumentality in the performance of such 
functions immediately preceding the effective date of the 
Act. Any statutory requirements relating to notices, 
hearings, action upon the record, or administrative re- 
view that apply to any function transferred by this Act 
88 stat. 1250. shall apply to the performance of those functions by the 
Administrator or Commission, or any officer or com- 
ponent. 

"(h) With respect to any function transferred by this 
Act and performed after the effective date of this Act, 
reference in any other law to any department or agency, 
or any officer or office, the functions of which are so trans- 
ferred, shall be deemed to refer to the Administration, the 
Administrator or Commission, or other office or official in 
which this Act vests such functions. 

" (i) Nothing contained in this Act shall be construed to 
limit, curtail, abolish, or terminate any function of the 
President which he had immediately before the effective 
date of this Act ; or to limit, curtail, abolish, or terminate 
his authority to perform such function ; or to limit, cur- 
tail, abolish, or terminate his authority to delegate, re- 
delegate, or terminate any delegation of functions. 

"(j) Any reference in this Act to any provision of law 
shall be deemed to include, as appropriate, references 
thereto as now or hereafter amended or supplemented. 

" (k) Except as may be otherwise expressly provided in 
this Act, all functions expressly conferred by this Act 
shall be in addition to and not in substitution for func- 
tions existing immediately before the effective date of this 
Act and transferred by this Act. 



42U.S.C. 5872. "Sec. 302 (a) Except as provided in the next sentence, 
the personnel employed in connection with, and the per- 
sonnel positions, assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, au- 
thorizations, allocations, and other funds employed, held, 
used, arising from, available to or to be made available 
in connection with the functions and programs trans- 
ferred by this Act, are, subject to section 202 of the 
Budget and Accounting Procedures Act of 1950 (31 



177 

U.S.C. 581c), correspondingly transferred for appro- 
priate allocation. Personnel positions expressly created 
by law, personnel occupying those positions on the effec- 
tive date of this Act, and personnel authorized to receive 
compensation at the rate prescribed for offices and posi- 
tions at levels II, III, IV, or V of the Executive Sched- 
ule (5 U.S.C. 5313-5316) on the < effective date of this 
Act shall be subject to the provisions of subsection (c) 
of this section and section 301 of this Act. 

"(b) Except as provided in subsection (c), transfer of 
nontemporary personnel pursuant to this Act shall not 
cause any such employee to be separated or reduced in 
grade or compensation for one year after such transfer. 

"(c) Any person who. on the effective date of this Act, 
held a position compensated in accordance with the Ex- 
ecutive Schedule prescribed in chapter 53 of title 5 of 
the United States Code, and who, without a break in 
service, is appointed in the Administration to a position 
having duties comparable to those performed immedi- 
ately preceding his appointment shall continue to be 
compensated in his new position at not less than the rate 
provided for his previous position. 



"Sec. 303. The Director of the Office of Management 42 u.s.c. 5873. 
and Budget is authorized to make such additional in- 
cidental dispositions of personnel, personnel positions, 
assets, liabilities, contracts, property, records, and un- 
expended balances of appropriations, authorizations, 
allocations, and other funds held, used, arising from, 
available to or to be made available in connection with 88 stat 1251 - 
functions transferred by this Act, as he may deem neces- 
sary or appropriate to accomplish the intent and purpose 
of this Act. 



"Sec. 3n4. As used in this Act— 42 u - s - c - 5874 - 

"(1) any reference to "function"' or "functions'' 
shall be deemed to include references to duty, obliga- 
tion, power, authority, responsibility, right, privi- 
lege, and activity, or the plural thereof, as the case 
may be ; and 

"(2) any reference to "perform" or "perform- 
ance", when used in relation to functions, shall be 
deemed to include the exercise of power, authority, 
rights, and privileges. 

"authorizations of appropriations 

"Sec. 305. (a) Except as otherwise provided by law, 42 u.s.c. 5875. 
appropriations made under this Act shall be subject to 
annual authorization. 



178 

"(b) Authorization of appropriations to the Commis- 
sion shall reflect the need for effective licensing and other 
regulation of the nuclear power industry in relation to 
the growth of such industry. 

"comptroller general audit 



42 U.S.C. 5876. 
42 U.S.C. 2206. 



Ante, pp. 1234, 
1242. 



Report to 
Congress. 



"Sec 306. (a) Section 166. "Comptroller General 
Audit" of the Atomic Energy Act of 1954, as amended, 
shall be deemed to be applicable, respectively, to the nu- 
clear and nonnuclear activities under title I and to the 
activities under title II. 

"(b) The Comptroller General of the United States 
shall audit, review, and evaluate the implementation of 
the provisions of title II of this Act by the Nuclear Safety 
and Licensing Commission not later than sixty months 
after the effective date of this Act, the Comptroller Gen- 
eral shall prepare and submit to the Congress a report on 
his audit, which shall contain, but not bo limited to — 

"(1) an evaluation of the effectiveness of the li- 
censing and related regulatory activities of the Com- 
mission and the operations of the Office of Nuclear 
Safety Research and the Bureau of Nuclear Mate- 
rials Security ; 

"(2) an evaluation of the effect of such Commis- 
sion activities on the efficiency, effectiveness, and 
safety with which the activities licensed under the 
Atomic Energy Act of 1954, as amended, are carried 
out; 

"(3) recommendations concerning any legislation 
he deems necessary, and the reasons therefor, for im- 
proving the implementation of title II. 



'REPORTS 



Reports to the 

President and 

Congress. 

42 U.S.C. 5877. 

Administration 

activities and 

progress. 



Feasibility of 

transferring 

military 

application 

functions. 

88 Stat. 1252. 



"Sec 307. (a) The Administrator shall, as soon as 
practicable after the end of each fiscal year, make a report 
to the President for submission to the Congress on the ac- 
tivities of the Administration during the preceding fiscal 
year. Such report shall include a statement of the short- 
range and long-range goals, priorities, and plans of the 
Administration together with an assessment of the prog- 
ress made toward the attainment of those objectives and 
toward the more effective and efficient management of the 
Administration and the coordination of its functions. 

"(b) During the first year of operation of the Admin- 
istration, the Administrator, in collaboration with the 
Secretary of Defense, shall conduct a thorough review of 
the desirability and feasibility of transferring to the 
Department of Defense or other Federal agencies the 



179 



functions of the Administrator respecting military 
application and restricted data, and within one year 
after the Administrator first takes office the Adminis- 
trator shall make a report to the President, for submis- 
sion to the Congress, setting forth his comprehensive 
analysis, the principal alternatives, and the specific rec- 
ommendations of the Administrator and the Secretary of 
Defense. 

"(c) The Commission shall, as soon as practicable after 
the end of each fiscal year, make a report to the President 
for submission to the Congress on the activities of the 
Commission during the preceding fiscal year. Such report 
shall include a clear statement of the short-range and 
long-range goals, priorities, and plans of the Commission 
as they relate to the benefits, costs, and risks of commer- 
cial nuclear power. Such report shall also include a clear 
description of the Commission's activities and findings in 
the following areas — 

"(1) insuring the safe design of nuclear power- 
plants and other licensed facilities ; 

"(2) investigating abnormal occurrences and 
defects in nuclear powerplants and other licensed 
facilities ; 

"(3) safeguarding special nuclear materials at all 
stages of the nuclear fuel cycle ; 

•* | -±) investigating suspected, attempted, or actual 
thefts of special nuclear materials in the licensed sec- 
tor and developing contingency plans for dealing 
with such incidents ; 

"(5) insuring the safe, permanent disposal of 
high-level radioactive wastes through the licensing 
of nuclear activities and facilities ; 

"(6) protecting the public against the hazards of 
low-level radioactive emissions from licensed nuclear 
activities and facilities. 



Commission 
activities and 
findings. 



INFORMATION TO COMMITTEES 

"Sec. 308. The Administrator shall keep the appropri- « u.s.c. 5878. 
ate congressional committees fully and currently in- 
formed with respect to all of the Administration's 
activities. 

"transfer of funds 

"Sec Z09. The Administrator, when authorized in an 42 u.s.c. 5879. 
appropriation Act, may. in any fiscal year, transfer funds 
from one appropriation to another within the Adminis- 
tration: except, that no appropriation shall be either in- 
creased or decreased pursuant to this section by more than 
5 per centum of the appropriation for such fiscal year. 



180 



"Sec. 310. Subchapter II (relating to Executive Sched- 
ule pay rates) of chapter 53 of title 5, United States Code, 
is amended as follows: 

"(1) Section 5313 is amended by striking out '(8) 
Chairman, Atomic Energy Commission.' and insert- 
ing in lieu thereof '(8) Chairman, Nuclear Regula- 
tory Commission.', and by adding at the end thereof 
the following: 

'(22) Administrator of Energy Research and De- 
velopment Administration.'. 

" (2) Section 5314 is amended by striking out ' (42) 
Members, Atomic Energy Commission.' and insert- 
ing in lieu thereof '(42) Members, Nuclear Regula- 
tory Commission.', and by adding at the end thereof 
the following: 

'(60) Deputy Administrator, Energy Research 
and Development Administration.' 
88 stat. 1253. " (3) Section 5315 is amended by striking out para- 

graph (50), and by adding at the end thereof the 
following : 

'(100) Assistant Administrator, Energy Research 
and Development Administration (6). 

'(101) Director of Nuclear Reactor Regulation, 
Nuclear Regulatory Commission. 

'(102) Director of Nuclear Material Safety and 
Safeguards, Nuclear Regulatory Commission. 

'(103) Director of Nuclear Regulatory Research, 
Nuclear Regulatory Commission. 

'(104) Executive Director for Operations, Nu- 
clear Regular Commission.' 

" (4) Section 5316 is amended by striking out para- 
graphs (29), (62), (69), and (102), by striking out 
'(81) General Counsel of the Atomic Energy 
Commission,' and inserting in lieu thereof '(81) 
General Counsel of the Nuclear Regulatory Com- 
mission.', and by adding at the end thereof the 
following : 

' (134) General Counsel. Energy Research and De- 
velopment Administration. 

'(135) Additional officers, Energy Research and 
Development Administration (8). 

'(136) Additional officers, Nuclear Regulatory 
Commission (5).'. 



42 u.s.c. 5801 "Sec. 311. If any provision of this Act, or the applica- 
tion thereof to any person or circumstance, is held in- 
valid, the remainder of this Act, and the application of 
such provision to other persons or circumstances, shall 
not be affected thereby. 






181 



"effective date and interim appointments 

"Sec. 312. (a) This Act shall take effect one hundred J^u.s.c. osoi 
and twenty days after the date of its enactment, or on Publication 
such earlier date the the President may prescribe and Ke^gter^ 
publish in the Federal Register ; except that any of the 
officers provided for in title I of this Act may be nomi- 
nated and appointed, as provided by this Act, at any time 
after the date of enactment of this Act. Funds available 
to any department or agency (or any official or com- 
ponent thereof), any functions of which are transferred 
to the Administrator and the Commission by this Act, 
may, with the approval of the President, be used to pay 
the compensation and expenses of any officer appointed 
pursuant to this subsection until such time as funds for 
that purpose are otherwise available. 

" ( b) In the event that any officer required by this Act to 
be appointed by and with the advice and consent of the 
Senate shall not have entered upon office on the effective 
date of this Act, the President may designate any officer, 
whose appointment was required to be made by and with 
the advice and consent of the Senate and who was such 
an officer immediately prior to the effective date of this 
Act, to act in such office until the office is filled as pro- 
vided in this Act. While so acting, such persons shall 
receive compensation at the rates provided by this Act 
for the respective offices in which they act. 



"TITLE IV— SEX DISCRIMINATION 



88 Stat 1254. 



..^ 



SEX DISCRIMINATION PROHIBITED 



"Sec. 401. Xo person shall on the ground of sex be ex- 
cluded from participation in, be denied a license under, 42usc - 589L 
be denied the benefits of, or be subjected to discrimina- 
tion under any program or activity carried on or receiv- 
ing Federal assistance under any title of this Act. This 
provision will be enforced through agency provisions 
and rules similar to those already established, with re- 
spect to racial and other discrimination, under title VI 
of the Civil Rights Act of 196-i. However, this remedy is 42 u.s.c. 
not exclusive and will not prejudice or cut off any other 2000d - 
legal remedies available to a discriminatee. 

Index to the Legislattve History of the Energy Reorganization 
Act of 1974 and Amendment 

PUBLIC LAW 93-438— H.R. 11510 

To reorganize and consolidate certain functions of the Federal Government in 
a new Energy Research and Development Administration and in a new Nuclear 
Regulatory Commission in order to promote more efficient management of such 
functions 

(Page references are to daily editions of the Congressional Record, 93d Cong., 

1st and 2d Sess.) 

H.R. 11510 introduced on November 15, 1973, by Mr. Holifleld, for 
himself and Mr. Horton. Mr. Price of Illinois, and Mr. Hosmer 
(H10107). 



182 

Hearings: Legislation and Military Operations Subcommittee, Gov- 
ernment Operations Committee, November 27, 28, and 29, 1973. 

House report filed (H. Kept. No. 93-707) December 7, 1973 (H10910). 

H.R. 11510 considered and passed in House, December 19, 1973 
(H11705-11755). 

Committee discharged, H.R. 11510 considered and passed in Senate in 
lieu of S. 2744, title amended, August 15, 1974 (S15108) . 

Senate insists on its amendments and asks for conference, conferees 
deferred, August 15, 1974 (S15114) . 

Senate conferees appointed, August 20, 1974 (S15360) . 

House conferees appointed, September 23, 1974 (H9444). 

Conference report (H. Kept. 93-1445) submitted in House and agreed 
to October 8, 1974 (H10128) and October 9, 1974 (H10266). 

Conference report submitted in Senate and agreed to, October 9, 1974 
(S18561), and. October 10, 1974 (S18721-18752). 

Examined and signed by the Speaker of the House, October 11, 1974, 
(H10422). 

Examined and signed by the President pro tempore of the Senate, 
October 11, 1974. 

Presented to the President, October 11, 1974 (H10422). 

Approved as Public Law 93-438, October 11, 1974 (H10671). 

Companion Bill — S. 2744 

S. 2744 introduced by Senator Ribicoff , for himself and Senator Aiken, 
Senator Brock, Senator Ervin, Senator Gumey, Senator Jackson, 
Senator Javits, Senator Pastore, Senator Percy, Senator Roth, Sen- 
ator Montoya and Senator Moss, November 27, 1973 (S210G0). 

Hearings: Subcommittee on Reorganization, Research and Interna- 
tional Organizations, Government Operations Committee, Decem- 
ber 4, 5, and 10, 1973, February 26 and 27, 1974, March 12 and 13. 
1974. Markup— April 9, 1974. Full Committee markup, May 29, 1974. 

Senate report filed (S. Rept. 93-980) June 27. 1974 (S11632). 

Considered in Senate, August 13-15, 1974 (S14860, S14900, S15014, 
S15031, S15033, S15049, S15057, S15068, S15073, S15088, S15096, 
S15098). 

H.R. 11510 considered and passed in lieu of S. 2744, August 15, 1974 
(S15108). 

PUBLIC LAW 94-79— S. 1716 

To authorize appropriations to the Nuclear Regulatory Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and section 305 
of the Energy Reorganization Act of 1974, and for other purposes. 

(Page references are to the daily editions of the Congressional Record, 94th Cong., 

1st session) 

S. 675 introduced by Mr. Pastore (be request) February 12, 1975 
(S1827). ' * 

S. 1716 introduced as a clean bill by Mr. Pastore (for himself and Mr. 
Baker) on May 12, 1975 (S7779). 



183 

Hearings: Subcommittee on Legislation of the Joint Committee on 
Atomic Energy, March 19, 1975. Published under the title of "Nu- 
clear Regulatory Commission Authorizing Legislation, Fiscal Year 
1976". 

Reported (S. Rept. No. 94-174) June 4, 1975 (S9509). 

Considered and passed by the Senate with two amendments June 17, 
1975 (S10828-31). 

Considered and passed by the House after striking all after the enact- 
ing clause and inserting in lieu thereof the language of House com- 
panion measure H.R. 7001, as amended, June 20, 1975 (H5889-99). 

Senate concurs in the House amendment July 31, 1975 (S14782). 

Examined and signed by the Speaker of the House August 1, 1975 
(H8184). 

Examined and signed by the President pro tempore of the Senate 
August 1,1975 (S14944). 

Presented to the President August 2, 1975 (S15098) . 

Approved as Public Law 94-79 August 9, 1975 (S15098) . 

Companion Bill— H.R. 7001 

H.R. 3274 introduced by Mr. Price (by request) February 19, 1975 

(H929). 
H.R. 7001 introduced as a clean bill by Mr. Price May 14, 1975 

(H4076). 
Hearings : As listed above. 

Reported (H. Rept. No. 94-260) June 4, 1975 (H4921). 
Considered and passed by the House with four amendments; passage 

of H.R. 7001 vacated and S. 1716 with the House amendments passed 

in lieu thereof; H.R. 7001 laid on the table, June 20, 1975 

(H5889-99). 



THE WHITE HOUSE 

EXECUTIVE ORDER 11834 

Activation of the Energy Research and Development Administra- 
tion and the Nuclear Regulatory Commission 

By virtue of the authority vested in me by the Energy Reorganiza- 
tion Act of 1974 (Public Law 93-428; 88 Stat. 1233), section 301 of 
title 3 of the United States Code, and as President of the United States 
of America, it is hereby ordered : 

Section 1. Pursuant to section 312(a) of the Energy Reorganiza- 
tion Act of 1974, I hereby prescribe January 19, 1975, as the effective 
date of that Act. This action shall not impair in any way the activa- 
tion of the Energy Resources Council by Executive Order No. 11814 of 
October 11, 1974. 

Sec. 2. The Director of the Office of Management, and Budget shall 
take all steps necessary or appropriate to ensure or effectuate the trans- 
fers provided for in the Energy Reorganization Act of 1974, the Solar 
Heating and Cooling Demonstration Act of 1974 (Public Law 93^09 ; 
88 Stat. 1069), the Geothermal Energy Research, Development, and 
Demonstration Act of 1974 (Public Law 93-410; 88 Stat. 1079), the 
Solar Energy Research, Development, and Demonstration Act of 
1974 (Public Law 93-473; 88 Stat. 1431), to the extent required or 
permitted by law, including transfers of funds, personnel and posi- 
tions, assets, liabilities, contracts, property, records, and other items 
related to the transfer of functions, programs, or authorities. 

Sec. 3. As required by the Energy Reorganization Act of 1974, this 
Order shall be published in the Federal Register. 

Gerald R. Ford. 
I he White House, January 15. 1975. 

(184) 



PART III. NRC AUTHORIZATION ACTS 

PUBLIC LAW 93-158 

[93d Congress, S. 2645] 

[November 26, 1973] 

AN ACT 

To amend Public Law 93-60 to increase the authorization for appropriations 
to the Atomic Energy Commission in accordance with section 261 of the Atomic 
Energy Act of 1954, as amended, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 101(a) 
of Public Law 93-60 is hereby amended by striking therefrom the 
figure "$1,740,750,000" and substituting the figure "$1,751,450,000". 

Sec. 2. Section 101(b) of Public Law 93-60 is hereby amended by 
adding to subsection (b)(1) the following words: "Project 74-1-1, 
additional waste concentration and salt cake storage facilities, Rich- 
land, Washington, $30,000,000.". 

Approved November 26, 1973. 



Index to Legislative History of Public 
Law 93-158 (S. 2645) 

(Page references are to the daily editions of the Congressional Record, 
93d Cong., 1st eess.) 

S. 2645 introduced by Mr. Pastore, November 7, 1973 (S20015). 
Hearings: Full Joint Committee on Atomic Energy, October 30, 

November 1 and 6, 1973 (Executive Sessions). 
Senate Report (S. Rept. 93-487) filed November 7, 1973 (S20015). 
S. 2645 considered and passed in Senate, November 9, 1973 (S20123). 
S. 2645 considered and passed in House, November 13, 1973 (H9943). 
Examined and signed by Speaker of the House, November 14, 1973 

(H10046). 
Examined and signed by President pro tempore, November 14, 1973 

(S20327). 
Presented to the President, November 14, 1973. 
S. 2645 approved by the President on November 26, 1973 as Public 

Law 93-158, D1335 (Nov. 27 Record). 

Companion Bill— H.R. 11216 

H.R. 11216 introduced by Mr. Price on October 31, 1973 (H9556). 
House Report (H. Rept. No. 93-619) filed November 1, 1973 (H9575). 
Identical bill, S. 2645 passed in lieu of H.R. 11216 indicated above. 

(185) 

38-938 — 79 13 



186 



Atomic Energy 
Commission. 
Appropriation 
authorization. 
77 Stat. 88. 
42 U.S.C. 2017. 

88 Stat. 115. 
88 Stat. 116. 



PUBLIC LAW 93-276 (AEC AUTHORIZATION 
ACT FOR FISCAL YEAR 1975) 

[93d Congress, S. 3292] 

[May 10, 1974] 

AN ACT 

To authorize appropriations to the Atomic Energy Commission 
in accordance with section 261 of the Atomic Energy Act of 
1954, as amended, and for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress 
assembled, 

Sec. 101. There is hereby authorized to be appropriated 
to the Atomic Energy Commission in accordance with the 
provisions of section 261 of the Atomic Energy Act of 
1954, as amended: 

(a) For "Operating expenses", $2,580,733,000 x not to 
exceed $132,200,000 in operating costs for the high-energy 
physics program category. 

(b) For "Plant and capital equipment", including con- 
struction, acquisition, or modification of facilities, includ- 
ing land acquisition ; and acquisition and fabrication of 
capital equipment not related to construction, a sum of 
dollars equal to the total of the following: 

(1) Nuclear Materials. — 

Project 75-1-a, additional facilities, high-level waste 
handling and storage, Savannah Kiver, South Carolina, 
$30,000,000. 

Project 75-1-b, replacement ventilation air filter, H 
chemical separations area, Savannah River, South Caro- 
lina, $6,000,000. 

Project 75-1-c, new waste calcining facility, Idaho 
Chemical Processing Plant, National Reactor Testing 
Station, Idaho, $20,000,000. 

Project 75-1-d, waste management effluent control, 
Richland, Washington, $3,500,000. 

Project 75-1-e, retooling of component preparation 
laboratories, multiple sites, $4,500,000. 

Project 75-1-f , atmospheric pollution control facilities, 
stoker fired boilers, Savannah River, South Carolina, 
$7,500,000. 

(2) Nuclear Materials. — 

Project 75-2-a, additional cooling tower capacity, 
gaseous diffusion plant, Portsmouth, Ohio, $2,200,000. 

(3) "Weapons. — 

Project 75-3-a, weapons production, development, and 
test installations, $10,000,000. 

Project 75-3-b, high energy laser facility, Los Alamos 
Scientific Laboratory, New Mexico, $22,600,000. 



i Public Law 03-576 (88 Stat. 1878) (1074). sec. 1, increased this 
figure from the previously authorized $2,551,533,000. 



187 

Project 75-3-c, TRIDENT production facilities, vari- 
ous locations, $22,200,000. 

Project 75-3-d, consolidation of final assembly plants, 
Pantex, Amarillo, Texas, $4,500,000. 

Project 75-3-e, addition to building 350 for safeguards 
analytical laboratory, Arjronne National Laboratory, 
Illinois, $3,500,000. 

(4) Weapons. — 

Project 75-4-a, technical support relocation, Los 
Alamos Scientific Laboratory, New Mexico, $2,800,000. 

(5) Civilian Reactor Research and Development. — 
Project 75-5-a, transient test facility, Santa Susana, 

California, $4,000,000. 

Project 75-5-b, advanced test reactor control system 
upgrading, National Reactor Testing Station, Idaho, 
$2,400,000. 

Project 75-5-c, test reactor area water recycle and pol- 
lution control facilities, National Reactor Testing Sta- 
tion, Idaho, $1,000,000. 

Project 75-5-d, modifications to reactors, $4,000,000. 

Project 75-5-e, high temperature gas reactor fuel^ re- 
processing facility, National Reactor Testing Station, 
Idaho, $10,100,000. 

Project 75-5-f, high temperature gas reactor fuel re- 
fabrication pilot plant, Oak Ridge National Laboratory, 
Tennessee, $3,000,000. 

Project 75-5-g, molten salt breeder reactor (prelimi- 
nary planning preparatory to possible future demon- 
stration project), $1,500,000. 

(6) Physical Research. — 88 sat n«. 
Project 75-6-a, accelerator and reactor improvements 

and modifications, $3,000,000. 

Project 75-6-b, heavy ion research facilities, various 
locations, $19,200,000. 

Project 75-6-c, positron-electron joint project, Law- 
rence Berkeley Laboratory and Stanford Linear Accel- 
erator Center, $900,000. 

(7) Biomedical and Environmental Research and 
Safety. — 

Project 75-7-a, upgrading of laboratory facilities, Oak 
Ridge National Laboratory, Tennessee, $2,100,000. 

Project 75-7-b, environmental research laboratory, 
Savannah River, South Carolina, $2,000,000. 

Project 75-7-c, intermediate-level waste management 
facilities, Oak Ridge National Laboratory, Tennessee, 
$9,500,000. 

Project 75-7-d, modifications and additions to biomedi- 
cal and environmental research facilities, $2,850,000. 

(8) Biomedical and Environmental Research and 
Safety. — 

Project 75-8-a, environmental sciences laboratory, Oak 
Ridge National Laboratory, Tennessee, $8,800,000. 



88 SUt 117. 



188 



77 Stat. 88. 
42 U.S.C. 2017. 



88 Stat. 118. 



77 Stat. 88. 
42 U.S.C. 2017. 



(9) General Plant Projects.— $55,650,000. 

(10) Construction Planning and Design. — $2,000,- 
000. 

(11) Capital Equipment. — Acquisition and fabrica- 
tion of capital equipment not related to construction, 
$224,900,000. 2 

(12) Keactor Safety Research. — 

Project 75-12-a, reactor safety facilities modifications, 
$1,000,000. 

(13) Applied Energy Technology. — 

Project 75-13-a, hydrothermal pilot plant, $1,000,000. 

Sec 102. Limitations. — (a) The Commission is author- 
ized to start any project set forth in subsection 101(b) 
(1), (3), (5), (6), (7), (12), and (13) only if the cur- 
rently estimated cost of that project does not exceed by 
more than 25 per centum the estimated cost set forth for 
that project. 

(b) The Commission is authorized to start any project 
set forth in subsection 101(b) (2), (4), (8), and (10) only 
if the currently estimated cost of that project does not 
exceed by more than 10 per centum the estimated cost set 
forth for that project. 

(c) The Commission is authorized to start any project 
under subsection 101(b)(9) only if it is in accordance 
with the following: 

(1) The maximum currently estimated cost of any 
project shall be $500,000 and the maximum currently 
estimated cost of any building included in such proj- 
ect shall be $100,000 : Provided, That the building 
cost limitation may be exceeded if the Commission 
determines that it is necessary in the interest of effi- 
ciency and economy. 

( 2 ) The total cost of all projects undertaken under 
subsection 101(b) (9) shall not exceed the estimated 
cost set forth in that subsection by more than 10 per 
centum. 

(d) The total cost of any project undertaken under 
subsection 101(b) (1), (3), (5), (6), (7), (12), and (13) 
shall not exceed the estimated cost set forth for that proj- 
ect by more than 25 per centum, unless and until addi- 
tional appropriations are authorized under section 261 
of the Atomic Energy Act of 1954, as amended, provided 
that this subsection will not apply to any project with an 
estimated cost less than $5,000,000. 

(e) The total cost of any project undertaken under 
subsection 101(b) (2), (4), (8), (9), and (10) shall not 
exceed the estimated cost set forth for that project by 
more than 10 per centum, unless and until additional 
appropriations are authorized under section 261 of the 
Atomic Energy Act of 1954, as amended, provided that 



2 Public Law 93-576 (88 Stat. 1878) (1974), sec. 2, increased this 
figure from the previously authorized $208,850,000. 



189 



this subsection will not apply to any project with an 
estimated cost less than $5,000,000. 

Sec. 103. The Commission is authorized to perform 
construction design services for any Commission con- 
struction project whenever (1) such construction project 
has been included in a proposed authorization bill trans- 
mitted to the Congress by the Commission, and (2) the 
Commission determines that the project is of such urg- 
ency that construction of the project should be initiated 
promptly upon enactment of legislation appropriating 
funds for its construction. 

Sec. 104. Any moneys received by the Commission 
(except sums received from the disposal of property 
under the Atomic Energy Community Act of 1955, as 
amended (42 U.S.C. 2301) ) , may be retained by the Com- 
mission and credited to its "Operating expenses" appro- 
priation notwithstanding the provisions of section 3617 
of the Revised Statutes (31 U.S.C. 484). 

Sec. 105. Transfers of sums from the "Operating ex- 
penses" appropriation may be made to other agencies of 
the Government for the performance of the work for 
which the appropriation is made, and in such cases the 
sums so transferred may be merged with the appropria- 
tion to which transferred. 

Sec. 106. When so specified in an appropriation Act, 
transfers of amounts between "Operating expenses" and 
"Plant and capital equipment" may be made as provided 
in such appropriation Act. 

Sec. 107. Amendment of Prior Year Acts. — (a) Sec- 
tion 101 of Public Law 89-428, as amended, is further 
amended by striking from subsection (b) (3) project 67- 
3-a, fast flux test facility, the figure "$87,500,000", and 
substituting therefor the figure "$420,000,000". 

(b) Section 101 of Public Law 91-273, as amended, is 
further amended by striking from subsection (b)(1), 
project 7l-l-f, process equipment modifications, gaseous 
diffusion plants, the figure "$172,100,000" and substitut- 
ing therefor the figure "$295,100,000". 

(c) Section 106 of Public Law 91-273, as amended, is 
further amended by striking from subsection (a) the 
figure "$2,000,000" and substituting therefor the figure 
"$3,000 ; 000", and by adding thereto the following new 
subsection (c) : 

"(c) The Commission is hereby authorized to agree, by 
modification to the definitive cooperative arrangement 
reflecting such changes therein as it deems appropriate 
for such purpose, to the following: (1) to execute and 
deliver to the other parties to the ABC definitive contract, 
the special undertaking of indemnification specified in 
said contract, which undertakings shall be subject to 
availability of appropriations to the Atomic Energy 
Commission (or any other Federal agency to which the 
Commission's pertinent functions might be transferred 



Construction 

design 

services. 



69 Stat. 471. 



Transfer of 
sums. 



Transfer of 
amounts. 



80 Stat. 162; 

81 Stat 126. 



87 Stat 145. 



84 Stat 300 ; 
87 Stat 145. 



190 

at some future time) and to the provisions of section 
»i u.s.c. ©65. 3679 of the Revised Statutes, as amended; and (2) to 
acquire ownership and custody of the property constitut- 
ing the Liquid Metal Fast Breeder Reactor powerplant 
or parts thereof, and to use, decommission, and dispose 

of said property, as provided for in the AEC definitive 
contract - " 

86 stat 228. ' (d ) Section 101 of Public Law 92-314, as amended, is 
amended by striking from subsection (b)(4), project 
73-4-b, land acquisition, Rocky Flats, Colorado, the fig- 
ure "$8,000,000" and substituting therefor the figure 
"$11,400,000". 

8? stat 143 W Section 101 of Public Law 93-60 is amended by 

(1) striking from subsection (b) (1), project 74-1-a, ad- 
ditional facilities, high level waste storage, Savannah 
River, South Carolina, the figure "$14,000,000" and sub- 
stituting therefor the figure "$17,500,000", (2) striking 
from subsection (b) (1) , project 74^-1-g, cascade uprating 
program, gaseous diffusion plants, the words "(partial 
AE and limited component procurement only)" and 
further striking the figure "$6,000,000" and substituting 
therefor the figure "$183,100,000", and (3) striking from 
subsection (b) (2), project 74-2-d, national security and 
resources study center, the words "(AE only), site un- 
designated" and substituting therefor the words "Los 
Alamos Scientific Laboratory, New Mexico" and further 
striking the figure "$350,000" and substituting therefor 
the figure "$4,600,000". 

86 sut 223 Sec - 108 « Rescission.— (a) Public Law 91-44, as 

amended, is further amended by rescinding therefrom 
authorization for a project, except for funds heretofore 
obligated, as follows: 

Project 70-1-b, bedrock waste storage (AE and site 
selection drilling only) , Savannah River, South Carolina, 
$4,300,000. 

85 stat 304. ^ p u blic Law 92-84, as amended, is further amended 

by rescinding therefrom authorization for a project, ex- 
cept for funis heretofore obligated, as follows : 

Project 72-3-b, national radioactive waste repository, 
site undetermined, $3,500,000. 

86 stat. 224. ^ p u bii c L a w 92-314, as amended, is further amended 

by rescinding therefrom authorization for a project, ex- 
cept for funds heretofore obligated, as follows : 

Project 73-6-c, accelerator improvements, Cambridge 
Electron Accelerator, Massachusetts, $75,000. 

TITLE II 

11 u sVwst SeC * 20L Section 157b * ( 3 ) of the Atom i c Ener &y Act 
' ' " of 1954, as amended, is amended by striking out "upon 

the recommendation of" and inserting in lieu thereof 

"after consultation with". 

Approved May 10, 1974. 



191 

Index to Legislative History of Public Law 93-276 (S. 3292) 

(Page references are to the daily editions of the Congressional Record, 
93d Congress, 2d sess.) 

S. 3178 introduced by Mr. Pastore and Mr. Aiken (by request) 
March 13, 1974 (S3548). 

Hearings: Full Joint Committee on Atomic Energy, February 19, 
26, 27, 28, March 4, 1974 (public) ; February 20, 21, 25, March 5, 
1974 (executive). Published in 4 volumes under title "AEC Author- 
izing Legislation, Fiscal Year 1975." Record of executive hearing, 
February 25, 1974, published in separate volume, "Naval Nuclear 
Propulsion Program — 1974." 

S. 3292 introduced as clean bill by Vice Chairman Pastore, for him- 
self and Mr. Aiken, April 2, 1974 (S. 4951) . 

Senate Report filed (S. Rept. No. 93-773), April 8, 1974 (S5351). 

S. 3292 considered and passed in the Senate without amendment, 
April 11, 1974 (S5865-69). 

S. 3292 considered in the House, and passed with one amendment, 
April 23, 1974 (H3029-56). 

Senate concurred in the House amendment, April 29, 1974 (S6170-71). 

Examined and signed by the Speaker of the House, April 25, 1974 
(H3285). 

Examined and signed by the President Pro Tempore of the Senate, 
April 25, 1974 (S6385). 

Presented to the President, April 30, 1974 (S. 6548) . 

S. 3292 approved by the President on May 10, 1974, as Public Law 
93-276 (S7687). 

Companion Bill— H.R. 13919 

H.R. 13919 introduced by Chairman Price (for himself, Mr. Holifield 

and Mr. Hosmer) , April 2, 1974 (H2511) . 
Hearings : As listed above. 

House Report (H. Rept. No. 93-969) filed, April 3, 1974 (H2582). 
H.R. 13919 laid on the table, April 23, 1974 (H3056) . 
S. 3292, as amended, passed in lieu of H.R. 13919, as indicated above. 



PUBLIC LAW 93-576 (AEC FISCAL YEAR 1975 
SUPPLEMENTAL AUTHORIZATION ACT) 

[93rd Congress, H.R. 16609] 

[December 31, 1974] 

AN ACT 

To amend Public Law 93-276 to increase the authorization for 88 stat 1878 - 
appropriations to the Atomic Energy Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, 
and for other purposes. 

Be it enacted by the Senate and House of Representa- ciSSfss^on rg7 
tives of the United States of America assembled, That Appropriation 
section 101(a) of Public Law 93-276 is hereby amended STpT ne. 



192 

by striking therefrom the figure "$2,551,533,000" and 
substituting the figure "$2,580,733,000". 

Sec. 2. Section 101 (b) of Public Law 93-276 is hereby 
amended by striking from subsection (11) capital equip- 
ment the figure "$208,850,000" and substituting the 
figure "$224,900,000';. 

Sec. 3. From the increase of the sums authorized to be 
appropriated by this Act $23,000,000 shall be allotted to, 
pr a o f g?am rd8 an ^ ma de available only for the Safeguards Program, 
with regard to the safeguarding of special nuclear ma- 
terials from diversion from its intended uses, and for 
research and development of safeguards techniques and 
related activities involved in handling nuclear material. 

Appproved December 31, 1974. 



Index to Legislative History or Public Law 93-576 (H.R. 16609) 

(Page references are to the daily editions of the Congressional Record, 93d 

Cong., 2d sess.) 

H.R. 16609 introduced by Mr. Price (by request), September 11, 1974: 
(H9183). 

Hearings: Full Joint Committee on Atomic Energy, September 23, 
1974 (public) and September 12 and 26, 1974 (executive). Record 
of the September 23, 1974 hearing published under title "Request 
for Supplemental Fiscal Year 1975 Funds for AEC Nuclear Weap- 
ons Testing". 

H.R. 16609 amended by the Joint Committee on Atomic Energy and 
House Report (H. Rept. No. 93-1434) filed, October 7, 1974 
(H10097). 

H.R. 16609 considered and passed by the House, with the Committee 
amendment, November 25, 1974 (H11015-21). 

H.R. 16609 considered and passed by the Senate with amendment, 
December 10, 1974 (S20949-55). 

Senate amendment agreed to by the House, December 17, 1974 
(H12138-39). 

Examined and signed by the Speaker of the House, December 18, 1974 
(H12285). 

Examined and si<med bv the President pro tempore of the Senate, 
December 19, 1974 (S22215). 

Presented to the President, December 20, 1974 (H12629) . 

H.R. 16609 approved bv the President on December 31, 1974, as Pub- 
lic Law 93-576 (H12773). 

Companion Bill — S. 4033 

S. 4033 introduced by Mr. Pastore (by request), September 23, 1974 
(S17201). 

Hearings : As listed above. 

Senate Report (S. Rept. No. 93-1246) filed, with a Committee amend- 
ment, October 8, 1974 (S18452-53). 

H.R. 16609 passed in lieu of S. 4033, as indicated above. 



193 

PUBLIC LAW 94-18 (NRC FISCAL YEAR 1975 
SUPPLEMENTAL AUTHORIZATION ACT) 

[91th Congress, S. 994] 

[April 25, 1975] 

AX ACT 

To authorize supplemental appropriations to the Nuclear Regulatory 
Commission for fiscal year 1975. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress as- 
sembled, That there is authorized to be appropriated to Nuclear 
the Nuclear Regulatory Commission to carry out the Regulatory 
provisions of section 261 of the Atomic Energy Act of g^Sation 
1954, as amended, and section 305 of the Energy Reor- Aatfcogwtion.^ 
ganization Act of 1974, $50,200,000 for fiscal year 1975. 42 u.'s.c.' 5875.' 



Index to Legislative History of Public Law 94—18 (S. 994) 

(Page references are to the daily editions of the Congressional Record, 
94th Cong., 1st session) 

S. 674 introduced by Mr. Pastore (bv request) February 12, 1975 

(S1827). 
S. 994 introduced as a clean bill bv Mr. Pastore on March 6, 1975 

(S3197). 
Hearings: Subcommittee on Legislation of the Joint Committee on 

Atomic Energy, February 20, 1975. Published under the title of 

"Xuclear Regulatory Commission Fiscal Year 1975 Supplemental 

Authorization Request". 
Reported (S. Rept. Xo. 94-50) March 20, 1975 (S4552) . 
Considered and passed by the Senate March 24, 1975 (S4927). 
Considered and passed by the House April 10, 1975 (H2660). 
Examined and signed by the Speaker of the House April 14, 1975 

(H2737). 
Examined and signed bv the Acting President pro tempore of the 

Senate April 14. 1975 (S5871) . 
Presented to the President April 14. 1975 (S5872) . 
Approved as Public Law 94-18 April 25, 1975. 

Companion Bill— H.R. 4224 

H.R. 3275 introduced bv Mr. Price (bv request) February 19, 1975 
(H929). 



194 

H.E. 4224 introduced as a clean bill by Mr. Price on March 4, 1975 

(H1380). 
Hearings : As listed above. 

Reported (H. Kept. No. 94-100) March 20, 1975 (H2132). 
Considered and passed by the House ; passage of H.R. 4224 vacated and 

S. 994 passed in lieu thereof ; H.R. 4224 laid on the table, April 10> 

1975 (H2660). 

PUBLIC LAW 94-79 (NRC AUTHORIZATION ACT FOR 
FISCAL YEAR 1976) 

[94th Congress, S. 1716] 

[August 9, 1975] 

AN ACT 

To authorize appropriations to the Nuclear Regulatory Commis- 
sion in accordance with section 261 of the Atomic Energy Act 
of 1954, as amended, and section 305 of the Energy Reorgani- 
zation Act of 1974, and for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress 
Assembled, 

TITLE I 

RegiSatory Sec. ^'- There is authorized to be appropriated to the 

Commission. Nuclear Regulatory Commission to carry out the provi- 
autifoSzatVon! sions of section 261 of the Atomic Energy Act of 1954, 
42 u.s.c. 2017. as amended, and section 305 of the Energy Reorgani- 
42 u.s.c. 5875. zati()n Act of 1974; $ 2 22,935,000 for fiscal year 1976 and 

$52,750,000 for the period from July 1, 1976 through 
September 30, 1976. 

TITLE II 

42 u.s.c. 5841. ^ g EC> 201< s ec tion 201(a) of the Energy Reorganiza- 
tion Act of 1974 is amended — 

(1) by inserting "(1)" immediately after "Sec. 
201. (a)"; and 

(2) by adding at the end of such subsection the 
following : 

SEES?" "(2) The Chairman of the Commission shall be the 

functions.' principal executive officer of the Commission, and he 

shall exercise all of the executive and administrative 
functions of the Commission, including functions of the 
Commission with respect to (a) the appointment and 
supervision of personnel employed under the Commis- 
sion (other than personnel employed regularly and full 
time in the immediate offices of commissioners other 
than the Chairman, and except as otherwise provided in 
the Energy Reorganization Act of 1974), (b) the dis- 
tribution of business among such personnel and among 



195 



administrative units of the Commission, and (c) the use 
and expenditure of funds. 

"(3) In carrying out any of his functions under the 
provisions of this section the Chairman shall be gov- 
erned by general policies of the Commission and by such 
regulatory decisions, findings, and determinations as the 
Commission may by law be authorized to make. 

"(4) The appointment by the Chairman of the heads 
of major administrative units under the Commission 
shall be subject to the approval of the Commission. 

"(5) There are hereby reserved to the Commission its 
functions with respect to revising budget estimates and 
with respect to determining upon the distribution of 
appropriated funds according to major programs and 
purposes.". 

The Nuclear Regulatory Commission shall not license 
any shipments by air transport of plutonium in any form, 
whether exports, imports or domestic shipments: Pro- 
vided, however. That any plutonium in any form con- 
tained in a medical device designed for individual human 
application is not subject to this restriction. This restric- 
tion shall be in force until the Nuclear Regulatory Com- 
mission has certified to the Joint Committee on Atomic 
Energy of the Congress that a safe container has been 
developed and tested which will not rupture under crash 
and blast-testing equivalent to the crash and explosion 
of a high-flying aircraft. 

Sec. 202. Subsection 201 (c) of the Energy Reorganiza- 
tion Act of 1974 is amended by deleting the period at the 
end of the subsection and adding the following text : " ; 
and except that any member appointed to fill a vacancy 
occurring prior to the expiration of the term for which 
his predecessor was appointed, shall be appointed for the 
remainder of such term.". 

Sec. 203. Section 201(c) is amended to include the fol- 
lowing : "For the purpose of determining the expiration 
date of the terms of office of the five members first ap- 
pointed to the Nuclear Regulatory Commission, each such 
term shall be deemed to have begun July 1, 1975.". 



42 U.S.C. 5801 
note. 



Plutonium 
shipments, 
restrictions, 
42 U.S.C. 5841 
note. 



Term of 
office. 
42 U.S.C. 



584L 



Index to Legislative History of Public Law 94-79 (S. 1716) 

(Page references are to the daily editions of the Congressional Record, 
94th Cong., 1st session) 

S. 675 introduced by Mr. Pastore (by request) February 12, 1975 

(S1827). 
S. 1716 introduced as a clean bill by Mr. Pastore (for himself and Mr. 

Baker) on May 12,1975 (S7779). 
Hearings: Subcommittee on Legislation of the Joint Committee on 

Atomic Energy, March 19, 1975. Published under the title of 

"Nuclear Regulatory Commission Authorizing Legislation, Fiscal 

Year 1976". 



196 

Reported (S. Kept. 94-174) June 4, 1975 (S9509). 

Considered and passed by the Senate with two amendments June 17, 
1975 (S10828-31). 

Considered and passed by the House after striking all after the enact- 
ing clause and inserting in lieu thereof the language of House 
companion measure H.R. 7001, as amended, June 20, 1975 
(H5889-99). > 

Senate concurs in the House amendment July 31, 1975 (S14782). 

Examined and signed by the Speaker of the House August 1, 1975 
(H8184). 

Examined and signed by the President pro tempore of the Senate 
August 1,1975 (S14944). 

Presented to the President August 2, 1975 (S15098). 

Approved as Public Law 94-79 August 9, 1975 (S. 15098). 

Companion Bill — H.R. 7001 

H.R. 3274 introduced by Mr. Price (by request) February 19, 1975 

(H929). 
H.R. 7001 introduced as a clean bill by Mr. Price May 14, 1975 

(H4076). 
Hearings : As listed above. 

Reported (H. Rept, No. 94-260) June 4, 1975 (H4921). 
Considered and passed by the House with four amendments ; passage 

of H.R. 7001 vacated and S. 1716 with the House amendments passed 

in lieu thereof; H.R. 7001 laid on the table, June 20, 1975 (H5889- 

99). 

PUBLIC LAW 94-291 (NRC AUTHORIZATION ACT FOR 
FISCAL YEAR 1977) 

[94th Congress, S. 3107] 

[May 22, 1976] 

AN ACT 

To authorize appropriations to the Nuclear Regulatory Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and section 
305 of the Energy Reorganization Act of 1974, as amended, and for other 
purposes. 

Nuclear Re?jn- j> e jf enacted hy the Senate and House of Renresenta- 

latory Commis- ,. , , , t-t V, 7 ro # <• a • • n 

sion. fives of the United States of America in Congress 

assembled, 

Appropriation Sec. 101. There is hereby authorized to be appropri- 

42 u o s r .c a 20i7. ated to the Nuclear Regulatory Commission in accord- 

42U.S.C. 5S75. ance w ith the provisions of section 261 of the Atomic 

Energy Act of 1954, as amended, and section 305 of the 

Energy Reorganization Act of 1974, as amended: for 

salaries and expenses, $274,300,000 to remain available 

until expended. 

Moneys for g EC# io2. Moneys received by the Commission for the 

research pro- , . , • y » . • , i 

grams, use. cooperative nuclear safety research programs may be 
retained and used for salaries and expenses associated 
with those programs, notwithstanding the provisions of 



197 

section 3617 of the Revised Statutes (31 U.S.C. 484), and 
shall remain available until expended. Funds may be 
obligated for purposes stated in this section only to the 
extent provided in appropriation Acts. 

Sec. 103. Transfers of sums from salaries and expenses Transfer of 
may be made to other agencies of the Government for the sums * 
performance of the work for which the appropriation is 
made, and in such cases the sums so transferred may be 
merged with the appropriation to which transferred. 

AMENDMENTS TO PRIOR YEAR ACT 

Sec. 104. (a) Title I of Public Law 94-79 is amended ^ stat. 413. 
by adding section 102 to read as follows: "Mone}^s re- 
ceived by the Commission for the cooperative nuclear 
research program may be retained and used for salaries 
and expenses associated with that program, notwith- 
standing the provisions of section 3617 of the Revised 
Statutes (31 U.S.C. 484), and shall remain available 
until expended. Funds may be obligated for purposes 
stated in this section only to the extent provided in ap- 
propriation Acts.". 

(b) Section 101 of Public Law 94-79 is amended by 
adding the phrase "and shall remain available until ex- 
pended" after the words "September 30, 1976". 

Index to Legislative History of Public Law 94-291 (S. 3107) 

S. 3107 introduced by Mr. Pastore (for himself and Mr. Baker) (by 
request) , March 9, 1976 (S2968) . 

Hearings: Subcommittee on Legislation of the Joint Committee on 
Atomic Energy, January 29, February 17, and March 17, 1976. Pub- 
lished under the title of "Nuclear Regulatory Commission Author- 
izing Legislation, Fiscal Year 1977". 

Reported (S. Rept. No. 94-772) May 3, 1976 (S6288). 

Considered and passed by the Senate with three amendments, Mav 5, 
1976 (S6505). J 

Considered and passed by the House in lieu of House companion 
measure H.R. 12387, May 10, 1976 (H4149-53). 

Examined and signed by the Speaker of the House, May 11, 1976, 

Examined and signed by the Acting President pro tempore of the 

Senate, May 12, 1976 (S6976) . L 

Presented to the President, May 12, 1976 (S6976). 
Approved as Public Law 94-291, May 22, 1976 (S7801) . 

Companion Bill— H.R. 12387 

H.R, 12387 introduced by Mr. Price (by request), March 9, 1976 

(H1827). 
Hearings : As listed above. 

Reported (H. Rept. No. 94-1079) April 30, 1976 (H3769-70). 
Considered and passed by the House with three amendments; pa*sa<re 

of H.R. 12387 vacated and S. 3107 passed in lieu thereof: II R 12387 

laid on the table, May 10, 1976 (H4149-53) . 



198 



Nuclear 

Regulatory 

Commission. 

Appropriation 

authorization, 

1978. 



Reallocation. 



PUBLIC LAW 95-209 (NRC AUTHORIZATION 
ACT FOR FISCAL YEAR 1978) 

[95th Congress, S. 1131] 

[December 13, 1977] 

AN ACT 

To authorize appropriations for Nuclear Regulatory Commission 
for the fiscal year 1978, and for other purposes. 

^ Be it enacted by the Senate and Bouse of Representa- 
tives of the United States of America in Congress as- 
sembled, 

AUTHORIZATION 

Section 1. (a) There is authorized to be appropriated 
to the Nuclear Regulatory Commission (hereafter in this 
act referred to as the "Commission") to carry out its 
functions and authorities under the Atomic Energy Act 
of 1954 (42 U.S.C. 2017) and the Energy Reorganization 
Act of 1974 (42 U.S.C. 5875) for the fiscal year 1978 to 
remain available until expended $297,740,000 to be al- 
located as follows : 

(1) For "Nuclear Reactor Regulation", not more 
than $41,480,000; 

(2) For "Standards Development", not more than 
$12,130,000; 

(3) For "Inspection and Enforcement", not more 
than $33,050,000; 

(4) For "Nuclear Materials Safety and Safe- 
guards", not more than $22,090,000 ; 

(5) For "Nuclear Regulatory Research", $148,- 
900,000; 

(6) For ^'Program Technical Support", $10,180,- 
000; of which an amount not to exceed $600,000 is 
authorized for a fellowship program pursuant to 
section 5 of this Act. 

(7) For "Program Direction and Administra- 
tion", not more than $29,910,000. 

(b) Of the total amount authorized under section 1 (a) , 
the Commissioners may, by majority vote, reallocate 
among program activities specified in subsection (a) or 
pursuant to the authority granted in subsection (d) an 
amount not exceeding $10,000,000 except that the amount 
transferred from any of the major program activities 
specified in subsection (a) shall not exceed 15 per centum 
of the amount so specified. Prior to any reallocation of an 
amount in accordance with the provisions of this subsec- 
tion, where such amount is in excess of $500,000, the Com- 
mission shall inform the appropriate congressional com- 
mittees. Such reallocation may be made notwithstanding 
the limitations of subsection (a) . 



199 



(c) Xo amount authorized to be appropriated for con- 
tracts for research, studies, and technical assistance on 
domestic safeguard matters under subsection (a) includ- 
ing any amount reallocated under subsection (b) may be 
used for such contracts and no amount authorized to be 
appropriated under this subsection may be used by the 
Office of Xuclear Regulatory Research for such contracts 
until a statement supporting the need for such research, 
study, or technical assistance has been prepared and pub- 
lished by the Commission. 

(d) Xo amount authorized to be appropriated for con- 
tracts for regulatory research related to advanced re- 
actor safety under this Act may be used for such con- 
tracts except as directed by the Commission, following 
consideration by the Commission of any recommendation 
that may be made by the ACRS regarding the proposed 
research. 

(e) In the event that the license application is with- 
drawn or funding for the continuation of the Clinch 
River Breeder Reactor project is not authorized or ap- 
propriated, the total authorization in subsection (a) shall 
be reduced by $2,700,000. 

(f) In the event that further construction of the 
facility at Barnwell, South Carolina, for the purpose of 
providing plutonium to be used as fuel is canceled or 
deferred, the total authorization in subsection (a) shall 
be reduced by $2,100,000. 



Safeguard 

research 

contract 

statement, 

publication. 



42 U.S.C. 5841. 



COMMISSION PERSONNEL 

Sec. 2. Section 201 of title II of the Energy Reorgani- ggKFt? 
nation Act of 1974 is amended by adding the following Congress. 
new subsection at the end thereof : ' 42 u ' sa 

"(h) The Commission shall prepare and submit to the 
Congress a quarterly report which documents, for grades 
GS-ll or above : 

"(1) the number of minority and women candi- 
dates hired, by grade level ; 

"(2) the number of minority and women employ- 
ees promoted, by grade level ; 

"(3) the procedures followed by the Commission 
in preparing job descriptions, informing potential 
applicants, and selecting from candidates the persons 
to be employed in positions at grade GS-11 or above ; 
and 

"(4) other steps taken to meet provisions of the 
Equal Employment Act. 
The first such quarterly report shall be submitted to the 42 u.s.c. 2<x>oe 
Congress not later than January 31, 1978, and subsequent 
reports shall be submitted prior to the end of one calendar 
month after the end of each calendar quarter thereafter.". 



200 



UNRESOLVED SAFETY ISSUES 



Sec. 3. Title II of the Energy Reorganization Act of 
1974, is amended by adding the following new section at 
the end thereof : 



"UNRESOLVED SAFETY ISSUES PLAN 

42 u.s.c. 5S50. "Sec. 210. The Commission shall develop a plan pro- 
viding for the specification and analysis of unresolved 
safety issues relating to nuclear reactors and shall take 
such action as may be necessary to implement corrective 
measures with respect to such issues. Such plan shall be 
submitted to the Congress on or before January 1, 1978 
and progress reports shall be included in the annual re- 
port of the Commission thereafter.". 



Submittal to 
Congress. 
Progress 
reports. 



IMPROVED SAFETY SYSTEMS RESEARCH 



Long-term 
plan 

development. 
42 U.S.C. 5845. 



Sec. 4. (a) Section 205 of the Energy Reorganization 
Act of 1974 is amended by adding the following new sub- 
section at the end thereof : 

"(f) The Commission shall develop a long-term plan 
for projects for the development of new or improved 
safety systems for nuclear powerplants.". 



Annual report 
to Congress. 
42 U.S.C. 2039. 



REACTOR SAFETY RESEARCH STUDY 

Sec. 5. Section 29 of the Atomic Energy Act of 1954 
is amended by adding the following at the end thereof : 
"In addition to its other duties under this section, the 
committee, making use of all available sources, shall 
undertake a study of reactor safety research and pre- 
pare and submit annually to the Congress a report con- 
taining the results of such study. The first such report 
shall be submitted to the Congress not later than De- 
cember 31, 1977. 



Establishment. 
42 U.S.C. 2040. 



ACRS FELLOWSHIP PROGRAM 

Sec. 6. To assist the Advisory Committee on Reactor 
Safeguards in carrying out its function, the committee 
shall establish a fellowship program under which per- 
sons having appropriate engineering or scientific exper- 
tise are assigned particular tasks relating to the func- 
tions of the committee. Such fellowship shall be for 
2-year periods and the recipients of such fellowships 
shall be selected pursuant to such criteria as may be 
established by the committee. 



Guidelines. 
42 U.S.C. 2201 
note. 



ORGANIZATIONAL CONFLICTS OF INTEREST 

Sec. 7. The Commission shall by December 31, 1977, 
promulgate guidelines to be applied by the Commission 



201 

in determining whether an organization proposing to 
enter into a contractual arrangement with the Commis- 
sion has a conflict of interest which might impair the 
contractor's judgment or otherwise give the contractor 
an unfair competitive advantage. 

COOPERATIVE RESEARCH FUNDING 

Sec. 8. Moneys received by the Commission for the |JpenS s and 
cooperative nuclear safety research programs may be 
retained and used for salaries and expenses associated 
with those programs, notwithstanding the provisions of 
section 3617 of the Revised Statutes (31 U.S.C. 484), 
and shall remain available until expended. Funds may 
be obligated for purposes stated in this section only to 
the extent provided in appropriation Acts. 

TRANSFER OF FUNDS 

Sec. 9. Transfers of sums from salaries and expenses 
may be made to other agencies of the Government for 
the performance of the work for which the appropria- 
tion is made, and in such cases the sums so transferred 
may be merged with the appropriations to which 
transferred. 

APPROPRIATIONS 

Sec. 10. Notwithstanding any other provision of this 
Act, no authority to make payments under this Act shall 
be effective except to such extent or in such amounts as 
are provided in advance in appropriation Acts. 

Approved December 13, 1977. 

Index to Legislative History of Public Law 95-209 (S. 1131) 

(Page references are to the Congressional Record, 95th Cong., 

1st Sess.) 

S. 495 introduced by Mr. Jackson (for himself and Mr. Baker) (by 
request) referred to JCAE, January 28, 1977 (S1572) . 

S. 495 rereferred, pursuant to S. Res. 4, to the Senate Committee on 
Environment and Public Works, February 11, 1977. 

S. 1131 introduced by Mr. Hart (for himself and Mr. Baker) (by 
request) referred to the Senate Environment and Public Works 
Committee, March 25, 1977 (S4889) . 

Hearings: Subcommittee on Nuclear Regulation of the Senate En- 
vironment and Public Works Committee, March 30 ; April 1, 4, and 
28, 1977. 

S. 1131 referred to the Subcommittee on Nuclear Regulation, April 1, 
1977. 

Reported ( S. Rept. 95-196) , May 16, 1977. 

S. 1131 considered and passed by the Senate. May 25, 1977 (S8591-93) . 



38-938—79 14 



202 

S. 1131 passed the House, after being amended to contain the language 
of H.R. 3455, as passed by the House, September 12, 1977 (H9186- 
95, H9261-62). 

Senate disagreed to the House amendments, requested a conference, 
and appointed conferees, October 28, 1977 (S18062) . 

House insisted on its amendments, agreed to a conference asked by 
Senate, and appointed conferees, October 31, 1977 (H11805). 

Conference Report (H. Kept. 95-788) submitted in House, Novem- 
ber 1, 1977 (H12004). 

Conference Report agreed to in House, November 3, 1977 (H12176-77) . 

H. Con. Res. 397 authorizing a correction in enrollment of S. 1131, 
agreed to in House, November 3, 1977 (H12177) . 

Conference Report agreed to in Senate, November 29, 1977 (S19235- 
36). 

H. Con. Res. 397 agreed to in Senate, November 29, 1977 (S19236). 

Examined and signed (H12511, S19259) . 

Presented to the President, December 2, 1977 (S19297) . 

Approved as Public Law 95-209, December 13, 1977 (S19708). 

Companion Bill — H.R. 3455 

H.R. 3039 introduced by Mr. Udall, February 2, 1977. 

H.R. 3455 introduced by Mr. Udall, February 9, 1977 (H1077) 

Hearings: Subcommittee on Energy and the Environment of the 

House Interior and Insular Affairs Committee, February 17, 18; 

March 8, 1977. 
Reported (H. Rept. 95-289) with amendment, May 11, 1977 (H4337). 
Considered and passed House; passage of H.R. 3455 vacated and 

S. 1131 passed in lieu of ; H.R. 3455 laid on the table, September 12, 

1977 (H9186-95, H9261-62). 

PUBLIC LAW 95-601 (NRC AUTHORIZATION 
ACT FOR FISCAL YEAR 1979) 

[95th Congress, S. 2584] 

[November 6, 1978] 

AN ACT 

To authorize appropriations to the Nuclear Regulatory Commis- 
sion for fiscal year 1979, and for other purposes. 

Nuclear Be it enacted by the Senate and House of Representa- 

commtsKi. tives of the United States of America in Congress 

Appropriation n <-. oprm 7> 7p/J 
authorization, dSSeniOLea, 

Section 1. (a) There is hereby authorized to be appro- 
priated to the Nuclear Regulatory Commission in 
accordance with the provisions of section 261 of the 
Atomic Energy Act of 1954, as amended (42 U.S.C. 
2017) , and section 305 of the Energv Reorganization Act 
of 1974, as amended (42 U.S.C. 5875), for the fiscal year 
1979, to remain available until expended $333,007,000. Of 
such total amount authorized to be appropriated : 



203 

(1) Not more than $47,162,000 may be used for 
"Nuclear Reactor Kegulation" ; of the total amount 
appropriated for this purpose, $2,080,000 shall be 
available for Advanced Reactors ; 

(2) Not more than $38,760,000 may be used for 
"Inspection and Enforcement" ; 

(3) Not more than $14,945,000 may be used for 
"Standards Development" ; of the total amount ap- 
propriated for this purpose, $650,000 shall be avail- 
able for Low-Level Radiation activities, including 
those described in section 5 of this Act ; 

(4) Not more than $27,240,000 may be used for 
"Nuclear Material Safety and Safeguards"; of the 
total amount appropriated for this purpose, 
$8,127,000 shall be available for Nuclear Waste Dis- 
posal and Management activities ; 

(5) Not more than $163,470,000 may be used for 
"Nuclear Regulatory Research" ; of the total amount 
appropriated for this purpose, $1,500,000 shall be 
available for the implementation of the Improved 
Safety Systems Research plan required by section 

205(f) of the Energy Reorganization Act of 1974, 42 u.s.c. 5845. 
as amended, $4,448,000 shall be available for Nuclear 
Waste research activities, and $18,333,000 shall be 
available for Advanced Reactor Research, including 
an authorization of $3,900,000 to accelerate the effort 
in gas-cooled thermal reactor safety research. 

(6) Not more than $13,480,000 may be used for 
"Program Technical Support" ; 

(7) Not more than $27,950,000 may be used for 
"Program Direction and Administration"; of the 
total amount appropriated for this purpose, $225,000 
shall be available for equal employment opportunity 
activities, including support of four positions in the 
Office of Equal Employment Opportunity. 

(b)(1) Not more than $14,285,000 of the aggregate Sgjggf* 
amount authorized to be appropriated under paragraphs contracts, 
(1) through (7) of subsection (a) may be used for con- Umitatlon - 
tracts encompassing research, studies, and technical as- 
sistance on domestic safeguards matters. 

(2) Of the aggregate amount authorized to be appro- 
priated under paragraphs (1) through (7) of subsection 
(a), $1,000,000 shall be available for studies and analysis 
of alternative fuel cycles (including studies and analysis 
relating to licensing and safety, safeguards, and environ- 
mental aspects). 

(c) i (1) No amount appropriated pursuant to subsec- 
tion (a) for purposes of subparagraphs (1) through (7) 
o± such subsection, may be used for any function of the 
Commission m excess of the amount expresslv authorized 
to be appropriated for functions referred to in such para- 
graphs, if such excess amount is in excess of $500 000 



204 



Safeguard 
research 
contracts, 
limitation. 



nor may the amount available from any appropriation 
for any function referred to in subparagraphs be re- 
duced by more than $500,000, unless 

(i) a period of thirty calendar days (not includ- 
ing any day in which either House of Congress is 
not in session because of an adjournment of more 
than three calendar days to a day certain or an ad- 
journment sine die) has passed after the receipt by 
the Committee on Interstate and Foreign Commerce 
and the Committee on Interior and Insular Affairs of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate of 
notice given by the Commission containing a full and 
complete statement of the action proposed to be 
taken and the facts and circumstances relied upon in 
support of such proposed action, or 

(ii) each such committee before the expiration of 
such period has transmitted to the Commission, writ- 
ten notice stating in substance that such committee 
has no objection to the proposed action. 
(2) Of the amounts authorized to be appropriated for 
the purposes set forth in paragraphs (1) through (7) 
of subsection (a) of this section, the amounts available 
for Advanced Reactors, Low-Level Radiation, Nuclear 
Waste Disposal and Management, Improved Safety Sys- 
tems Research, and Nuclear Waste Research, or that 
specified in subsection (b) (2) of this section for Alter- 
native Fuel Cycle activities shall not be reprogramed, 
unless — 

(i) a period of ninety calendar days (not includ- 
ing any day in which either House of Congress is not 
in session because of an adjournment of more than 
three calendar days to a day certain or an adjourn- 
ment sine die) has passed after the receipt by the 
Committee on Interior and Insular Affairs and the 
Committee on Interstate and Foreign Commerce of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate of 
notice given by the Commission containing a full and 
complete statement of the action proposed to be 
taken and the facts and circumstances relied upon in 
support of such proposed action, or 

(ii) each such committee before the expiration of 
such period has transmitted to the Commission, writ- 
ten notice stating in substance that such committee 
has no objection to the proposed action. 
(d) No amount authorized to be appropriated by this 
Act may be used by the Commission to enter into any 
contract, providing funds in excess of $20,000 encompass- 
ing research, study, or technical assistance on domestic 
safeguards matters except as directed by the Commission, 
by majority vote, following receipt by the Commission 
of a recommendation from the Executive Director for 
Operations supporting the need for such contract. 



205 



Sec. 2. Moneys received by the Commission for the co- 
operative nuclear research programs may be retained and 
used for salaries and expenses associated with those pro- 
grams, notwithstanding the provisions of section 3617 
of the Revised Statutes (31 U.S.C. 484), and shall re- 
main available until expended. 

Sec. 3. Transfers of sums from salaries and expenses 
may be made to other agencies of the Government for the 
performance of the work for which the appropriation 
is made, and in such cases the sums so transferred may 
be merged with the appropriation to which transferred. 

Sec. 4. (a) Subsection (b) of section 209 of the Energy 
Reorganization Act of 1974, as amended, is amended by 
adding at the end thereof the following sentence : "Not- 
withstanding the preceding sentence, each such director 
shall keep the Executive Director fully and currently 
informed concerning the content of all such direct com- 
munications with the Commission." 

(b) Section 209 of the Energy Reorganization Act of 
1974. as amended, is amended by adding a new subsec- 
tion (c) to read as follows and redesignating existing 
subsection (c) accordingly: 

"(c) The Executive Director shall report to the Com- 
mission at semi-annual public meetings on the problems, 
progress, and status of the Commission's equal employ- 
ment opportunity efforts.". 

Sec. 5. (a) The Commission and the Environmental 
Protection Agency, in consultation with the Secretary 
of Health, Education, and Welfare, are authorized and 
directed to conduct preliminary planning and design 
studies for epidemiological research on the health effects 
of low-level ionizing radiation. In the conduct of such 
studies, the Commission and the Environmental Protec- 
tion Agency shall consult with appropriate scientific 
organizations and Federal and State agencies. 

(b) Within thirty days after the date of enactment of 
this section, the Commission and the Environmental Pro- 
tection Agency shall submit to the Congress a memoran- 
dum of understanding to delineate their responsibilities 
in the conduct of the planning studies authorized by sub- 
section (a) of this section. 

(c) On or before April 1, 1979, the Commission and the 
Environmental Protection Agency shall submit a report 
to the Congress containing an assessment of the capabil- 
ities and research needs of such agencies in the area of 
health effects of low-level ionizing radiation. 

(d) On or before September 30, 1979, the Commission 
and the Environmental Protection Agency, in consulta- 
tion with the Secretary of Health, Education, and Wel- 
fare, shall submit a report to the Congress which in- 
cludes a study of options for Federal epidemiological 
research on the health effects of low-level ionizing radia- 



Funds, 
transfers. 



42 U.S.C. 5S49. 



Equal 

employment 
opportunity, 
report. 



Radiation, 
health effects 
studies, 
consultation. 
42 U.S.C. 2051 
note. 



Memorandum, 
submittal to 
Congress. 



Reports to 

Congress, 

consultations. 



206 



Cooperation. 
Copies. 



Annual status 
report. 



Keport to 
Congress. 



42U.S.C. 5877. 



Review. 

42 U.S.C. 5841 

note. 



Report to 
Congress. 



Disclosure 

rules. 

42 U.S.C. 2210a. 



tions, with evaluations of the feasibility of such options. 
Such report shall be consistent with the findings of the 
assessment required by subsection (c) of this section. 

(e) In carry in or out the activities specified in subsec- 
tions (c) and (d) such agencies shall : 

(i) cooperate with appropriate scientific organi- 
zations and agencies involved in related research, 
and 

(ii) furnish copies of the reports required by 
those subsections to the organizations and agencies 
referred to in subsection (e) (i). 

Sec 6. Section 209 of the Energy Reorganization Act 
of 1974 is amended by adding the following new sub- 
section at the end thereof : 

"(d) The Executive Director shall prepare and for- 
ward to the Commission an annual report (for the fiscal 
year 1978 and each succeeding fiscal year) on the status 
of the Commission's programs concerning domestic safe- 
guards matters including an assessment of the effective- 
ness and adequacy of safeguards at facilities and activi- 
ties licensed by the Commission. The Commission shall 
forward to the Congress a report under this section prior 
to February 1, 1979, as a separate document, and prior 
to February 1 of each succeeding year as a separate chap- 
ter of the Commission's annual report (required under 
section 307(c) of the Energy Reorganization Act of 
1974) following the fiscal year to which such report 
applies.". 

Sec 7. The Commission is authorized and directed to 
undertake a comprehensive review of the existing process 
for selection and training of members of the Atomic 
Safety and Licensing Boards, including, but not limited 
to, the selection criteria, including qualifications, the se- 
lection procedures, and the training programs for Board 
members. The Commission shall report to the Congress 
on the findings of such review by January 1, 1979, and 
shall revise such selection and training process as appro- 
priate, based on such findings. 

Sec 8. (a) Chapter 14 of the Atomic Energy Act of 
1954 is amended by adding the following new section at 
the end thereof : 

"Sec 170A. Conflicts of Interest Relating to Con- 
tracts and Other Arrangements. — 

"a. The Commission shall, by rule, require any person 
proposing to enter into a contract, agreement, or other 
arrangement, whether by competitive bid or negotiation, 
under this Act or any other law administered by it for 
the conduct of research, development, evaluation activi- 
ties, or for technical and management support services, 
to provide the Commission, prior to entering into any 
such contract, agreement, or arrangement, with all rele- 
vant information, as determined by the Commission, 



207 

bearing on whether that person has a possible conflict 
of interest with respect to — 

"(1) being able to render impartial, technically 
sound, or objective assistance or advice in light of 
other activities or relationships with other persons, 
or 

"(2) being given an unfair competitive advan- 
tage. Such person shall insure, in accordance with 
regulations prescribed by the Commission, compli- 
ance with this section by any subcontractor (other 
than a supply subcontractor) of such person in the 
case of any subcontract for more than $10,000. 
"b. The Commission shall not enter intoany such con- 
tract agreement or arrangement unless it finds, after 
evaluating all information provided under subsection a. 
and any other information otherwise available to the 
Commission that — 

"(1) it is unlikely that a conflict of interest would 
exist, or 

" (2) such conflict has been avoided after appropri- 
ate conditions have been included in such contract, 
agreement, or arrangement ; except that if the Com- 
mission determines that such conflict of interest ex- 
ists and that such conflict of interest cannot be 
avoided by including appropriate conditions therein, 
the Commission may enter into such contract, agree- 
ment, or arrangement, if the Commission determines 
that it is in the best interests of the United States to 
do so and includes appropriate conditions in such 
contract, agreement, or arrangement to mitigate 
such conflict, 
"c. The Commission shall publish rules for the imple- Publication, 
mentation of this section, in accordance with section 553 
of title 5, United States Code (without regard to subsec- 
tion (a) (2) thereof) as soon as practicable after the date 
of the enactment of this section, but in no event later than 
120 days after such date.". 

(b) The table of contents for such chapter 14 is 
amended by adding the following new item at the end 
thereof : 

"Sec. 170A. Conflicts of interest relating to contracts and other 
arrangements.". 

Sec. 9. The Commission shall monitor and assist, as Monitoring 
requested, the International Fuel Cycle Evaluation and f?ports S1 to ance '" 
the studies and evaluations of the various nuclear fuel ^2vH. c.' 21.53 
cycle systems by the Department of Energy in progress note.' 
as of the date of enactment, and report to the Congress 
semiannually through calendar year 1980 and annually 
through calendar year 1982 on the status of domestic and 
international evaluations of nuclear fuel cycle systems. 
This report shall include, but not be limited to, a sum- 
mary of the information developed by and available to 



208 

the Commission on the health, safety and safeguards im- 
plications of the leading fuel cycle technologies. 

Sec. 10. Title II of the Energy ^Reorganization Act of 
1974, as amended, is amended by adding at the end there- 
of a new section to read as follows : 



42 U.S.C. 5851. 



42 U.S.C. 2011 
note. 



Complaint, 
filing and 
notification. 



Investigation 

and 

notification. 



Order. 



"EMPLOYEE PROTECTION 

"Sec. 210. (a) No employer, including a Commission 
licensee, an applicant for a Commission license, or a con- 
tractor or a subcontractor of a Commission licensee or 
applicant, may discharge any emplo}^ee or otherwise dis- 
criminate against any employee with respect to his com- 
pensation, terms, conditions, or privileges of employment 
because the employee (or any person acting pursuant to 
a request of the employee) — 

"(1) commenced, caused to be commenced, or is 
about to commence or cause to be commenced a pro- 
ceeding under this Act or the Atomic Energy Act 
of 1954, as amended, or a proceeding for the admin- 
istration or enforcement of any requirement imposed 
under this act or the Atomic Energy Act of 1954, as 
amended ; 

" (2) testified or is about to testify in any such pro- 
ceeding or ; 

"(3) assisted or participated or is about to assist 
or participate in any manner in such a proceeding or 
in any other manner in such a proceeding or in any 
other action to carry out the purposes of this Act or 
the Atomic Energy Act of 1954, as amended. 
"(b) (1) Any employee who believes that he has been 
discharged or otherwise discriminated against by any 
person in violation of subsection (a) may, within 
thirty days after such violation occurs, file (or have any 
person file on his behalf) a complaint with the Secretary 
of Labor (hereinafter in this subsection referred to as 
the 'Secretary') alleging such discharge or discrimina- 
tion. Upon receipt of such a complaint, the Secretary 
shall notify the person named in the complaint of the fil- 
ing of the complaint and the Commission. 

" (2) (A) Upon receipt of a complaint filed under para- 
graph (1), the Secretary shall conduct an investigation 
of the violation alleged in the complaint. Within thirty 
days of the receipt of such complaint, the Secretary shall 
complete such investigation and shall notify in writing 
the complainant (and any person acting in his behalf) 
and the person alleged to have committed such violation 
of the results of the investigation conducted pursuant to 
this subparagraph. Within ninetv days of the receipt of 
such complaint the Secretary shall, unless the proceeding 
on the complaint is terminated by the Secretary on the 
basis of a settlement entered into by the Secretary and 
the person alleged to have committed such violation, issue 



209 



an order either providing the relief prescribed by sub- 
paragraph (B) or denying the complaint. An order of 
the Secretary shall be made on the record after notice and g^ice and 
opportunity" for public hearing. The Secretary may not settlement, 
enter into a settlement terminating a proceeding on a 
compliant without the participation and consent of the 
complainant. 

"(B) If, in response to a complaint filed under para- Relief, 
graph (1), the Secretary determines that a violation of 
subsection (a) has occurred, the Secretary shall order the 
person who committed such violation to (i) take affirma- 
tive action to abate the violation, and (ii) reinstate the 
complainant to his former position together with the 
compensation (including back pay), terms, conditions, 
and privileges of his employment, and the Secretary may 
order such person to provide compensatory damages to 
the complainant. If an order is issued under this para- 
graph, the Secretary, at the request of the complainant 
shall assess against the person against whom the order 
is issued a sum equal to the aggregate amount of all costs 
and expenses (including attorneys' and expert witness 
fees) reasonably incurred, as determined by the Secre- 
tary, by the complainant for. or in connection with, the 
bringing of the complaint upon which the order was 
issued. 

"(c)(1) Any person adversely affected or aggrieved Review. 
by an order issued under subsection (b) may obtain re- 
view of the order in the United States court of appeals 
for the circuit in which the violation, with respect to 
which the order was issued, allegedly occurred. The peti- 
tion for review must be filed within sixty days from the 
issuance of the Secretary's order. Review shall conform to 
chapter 7 of title 5 of the United States Code. The com- su.s.c. toi 
mencement of proceedings under this subparagraph shall 
not, unless ordered by the court, operate as a "stay of the 
Secretary's order. 

"(2) An order of the Secretarv with respect to which 
review could have been obtained under paragraph (1) 
shall notbe subject to judicial review in any criminal or 
other civil proceeding. 

"(d) Whenever a person has failed to comply with ah 
order issued under subsection (b) (2), the Secretary may 
file a civil action in the United States district court for 
the district in which the violation was found to occur to 
enforce such order. In actions brought under this subsec- 
tion, the district courts shall have jurisdiction to grant all 
appropriate relief including, but not limited to. injunc- 
tive relief, compensatory, and exemplary damages. 

"(e)(1) Any person on whose behalf an order was 
issued under paragraph (2) of subsection (b) may com- 
mence a civil action against the person to whom such 
order was issued to require compliance with such order. 



et seq. 



Jurisdiction. 



210 



Eitigative 

costs. 



42 U.S.C. 2011 
note. 

Report to 
Congress. 

42 U.S.C. 2205a. 



Authority 
extension, 
study. 



42 U.S.C. 5842 
note. 



Cooperation. 



Report to 
Congress. 



Waste storage 

or disposal 

facility 

planning, 

notification. 

42 U.S.C. 2021a. 



The appropriate United States district court shall have 
jurisdiction, without regard to the amount in controversy 
or the citizenship of the parties, to enforce such order. < 

"(2) The court, in issuing any final order under this 
subsection, may award costs of litigation (including rea- 
sonable attorney and expert witness fees) to any party 
whenever the court determines such award is appropriate. 

"(f) Any nondiscretionary duty imposed by this sec- 
tion shall be enforceable in a mandamus proceeding 
brought under section 1361 of title 28 of the United States 
Code. 

"(g) Subsection (a) shall not apply with respect to 
any employee who, acting without direction from his or 
her employer (or the employer's agent), deliberately 
causes a violation of any requirements of this Act or of 
the Atomic Energy Act of 1954, as amended.". 

Sec. 11. The Commission shall report to the Congress 
on January 1, 1979, and annually thereafter on the use of 
contractors, consultants, and the National Laboratories 
by the Commission. Such report shall include, for each 
contract issued, in progress or completed during fiscal 
year 1978, information on the bidding procedure, nature 
of the work, amount and duration of the contract, prog- 
ress of work, relation to previous contracts, and the rela- 
tion between the amount of the contract and the amount 
actually spent. 

Sec. 12. (a) The Commission, in cooperation with the 
Department of Energy, is authorized and directed to 
conduct a study of extending the Commission's licensing 
or regulatory authority to include categories of existing 
and future Federal radioactive waste storage and dis- 
posal activities not presently subject to such authority. 

(b) Each Federal agency, subject to the provisions of 
existing law, shall cooperate with the Commission in the 
conduct of the study. Such cooperation shall include 
providing access to existing facilities and sites and pro- 
viding any information needed to conduct the study 
which the agency may have or be reasonably able to 
acquire. 

(c) On or before March 1, 1979, the Commission shall 
submit a report to the Congress containing the results 
of the study. The report shall include a complete listing 
and inventory of all radioactive waste storage and dis- 
posal activities now being conducted or planned by 
Federal agencies. 

Sec. 13. Notwithstanding any other provision of this 
Act, no authority to make payments under this Act shall 
be effective except to such extent or in such amounts as 
are provided in advance in appropriation Acts. 

Sec. 14. (a) Any person, agency, or other entity pro- 
posing to develop a storage or disposal facility, includ- 
ing a test disposal facility, for high-level radioactive 
wastes, non-high-level radioactive wastes including 



211 



Submittal with 

legislative 

recommenda- 



transuranium contaminated wastes, or irradiated nuclear 
reactor fuel, shall notify the Commission as early as 
possible after the commencement of planning for a par- 
ticular proposed facility. The Commission shall in turn 
notify the Governor and the State legislature of the 
State of proposed situs whenever the Commission has 
knowledge of such proposal. 

(b) The Commission is authorized and directed to state 

j, ,, , participation 

prepare a report on means for improving the opportu- report, 
nities for State participation in the process for siting, 
licensing, and developing nuclear waste storage or dis- 
posal facilities. Such report shall include detailed con- 
sideration of a program to provide grants through the 
Commission to any State, and the advisability of such 
a program, for the purpose of conducting an independ- 
ent State review of any proposal to develop a nuclear 
waste storage or disposal facility identified in subsection 
(a) within such State. On or before March 1, 1979, the 
Commission shall submit the report to the Congress in 
eluding recommendations for improving the opportuni 
ties for State participation together with any necessary tionTto 

legislative proposals. Congress. 

Approved November 6, 1978. 
Index to Legislative History of Public Law 95-601 (S. 2584) 

Feb. 6. 197S— Introduced. 

Feb. 6, 1978 — Subcommittee hearing. 

Feb. 9. 1978 — Subcommittee hearing. 

Feb. 15, 1978 — Subcommittee hearing. 

Mar. 20, 1978 — Reported to Full Committee, amended. 

Apr. 19, 1978 — Full Committee ordered reported, amended. 

Apr. 26, 1978— Full Committee action of Apr. 19, 1978, vacated and 

H.R. 12355 order reported in lieu. 
(See H.R. 12355.) (Tabled.) 
Apr. 25, 1978 — Introduced. 
( See H.R. 10785 for earlier action) . 
Apr. 26, 1978 — Full Committee ordered reported. 
Apr. 26, 1978— Reported to House. H.Rept. 95-1089 (Part I) 
Apr. 27, 1978 — Sequentially referred to House Interstate and Foreign 

Commerce Committee. 
May 15, 1978 — Reported from Interstate and Foreign Commerce 

Committee. H.Rept. 95-1089 (Part II). 
May 22, 1978 — Rule requested. 

Sept. 14. 1978— Rule granted. (H.Res. 1373, H.Rept. 95-1610). 
Oct. 4, 1978— S. 2584, amended, passed House in lieu of HE. 12355. 

(Suspension). 
Oct. 5. 1978— Rule (H.Res. 1373) laid on the table. 
(See S. 2584). 

May 15. 1978— Reported in Senate. S.Rept. 95-848. 
Sept. 18. 1978— Passed Senate. 
(See H.R. 12355 for additional action) . 



212 

Oct. 4, 1978 — Passed House, amended, in lieu of H.E. 12355. 

(Suspension). 
Oct. 10, 1978 — Senate asked for Conference. (Conferees: Mr. Hart, 

Mr. Randolph, and Mr. Domenici). 
Oct. 13, 1978 — House agreed to Conference. (Conferees: Mr. Udall, 

Mr. Bingham, Mr. Sharp, Mr. Staggers, Mr. Dingell, Mr. Bauman, 

and Mr. Brown of Ohio) . 
Oct. 14, 1978— Conference report filed. H.Rept. 95-1796 
Oct. 14, 1978— Passed House. 
Oct, 14, 1978— Passed Senate. 
Nov. 6/1978— Approved. P.L. 95-601 



PART IV. URANIUM MILL TAILINGS 
RADIATION CONTROL ACT OF 1978 

PUBLIC LAW 95-604 [H.R. 13650] 

[92 Stat. 3021] 

AX ACT 

To authorize the Secretary of Energy to enter into cooperative 
agreements with certain States respecting residual radioactive 
material at existing sites, to provide for the regulation of 
uranium mill tailings under the Atomic Energy Act of 1954, 
and for other purposes. 

Be it enacted by the Senate and House of Represents- ?amig? Mm 
tlces of the United States of America in Congress ^{^j on 
assembled, iWJhoi 



note. 



SHORT TITLE AND TABLE OF CONTEXTS 

Section 1. This Act may be cited as the "Uranium 
Mill Tailings Radiation Control Act of 1978 ? '. 

TABLE OF CONTEXTS 

Sec. 1. Short title and table of contents. 
Sec. 2. Findings and purposes. 

TITLE I— REMEDIAL ACTION PROGRAM 

Sec. 101. Definitions. 

Sec. 102. Designation of processing sites. 

Sec. 103. State cooperative agreements. 

Sec. 104. Acquisition and disposition of land and materials. 

Sec. 105. Indian tribe cooperative agreements. 

Sec. 106. Acquisition of lands by Secretary. 

Sec. 107. Financial assistance. 

Sec. 10S. Remedial action. 

Sec. 109. Rules. 

Sec. 110. Enforcement. 

Sec. 111. Public participation. 

Sec. 112. Termination ; authorization. 

Sec. 113. Limitation. 

Sec. 114. Reports to Congress. 

Sec. 115. Active operations ; liability for remedial action. 

TITLE II— URANIUM MILL TAILINGS LICENSING AND 
REGULATIONS 

j Sec. 201. Definition. 

: Sec. 202. Custody of disposal site. 

I Sec. 203. Authority to establish certain requirements. 

i Sec. 204. Cooperation with States. 

(213) 



214 

Sec. 205. Authorities of Commission respecting certain byproduct 
material. 

Sec. 206. Authority of Environmental Protection Agency respect- 
ing certain byproduct material. 

Sec. 207. Authorization of appropriations for grants. 

Sec. 208. Effective date. 

Sec. 209. Consolidation of licenses and procedures. 

TITLE III— STUDY AND DESIGNATION OF TWO MILL 
TAILING SITES IN NEW MEXICO 

Sec. 301. Study. 

Sec. 302. Designation by Secretary. 

FINDINGS AND PURPOSES 

42 u.s.c. 7901. § Ea 2. (a) The Congress finds that uranium mill tail- 
ings located at active and inactive mill operations may 
pose a potential and significant radiation health hazard 
to the public, and that the protection of the public health, 
safety, and welfare and the regulation of interstate com- 
merce require that every reasonable effort be made to 
provide for the stabilization, disposal, and control in a 
safe and environmentally sound manner of such tailings 
in order to prevent or minimize radon diffusion into the 
environment and to prevent or minimize other environ- 
mental hazards from such tailings. 

(b) The purposes of this Act are to provide— 

(1) in cooperation with the interested States, 
Indian tribes, and the persons who own or control 
inactive mill tailings sites, a program of assessment 
and remedial action at such sites, including, where 
appropriate, the reprocessing of tailings to extract 
residual uranium and other mineral values where 
practicable, in order to stabilize and control such 
tailings in a safe and environmentally sound manner 
and to minimize or eliminate radiation health 
hazards to the public, and 

(2) a program to regulate mill tailings during 
uranium or thorium ore processing at active mill 
operations and after termination of such operations 
in order to stabilize and control such tailings in a 
safe and environmentally sound manner and to 
minimize or eliminate radiation health hazards to 
the public. 

TITLE I— KEMEDIAL ACTION PBOGKAM 

DEFINITIONS 

42 u.s.c. 7911. Sec. 101. For purposes of this title — 

(1) The term "Secretary" means the Secretary of 
Energy. 

(2) The term "Commission" means the Nuclear 
Regulatory Commission. 



215 

(3) The term "Administrator" means the Admin- 
istrator of the Environmental Protection Agency. 

(4) The term "Indian tribe" means any tribe, 
band, clan, group, pueblo, or community of Indians 
recognized as eligible for services provided by the 
Secretary of the Interior to Indians. 

(5) The term "person" means any individual, as- 
sociation, partnership, corporation, firm, joint ven- 
ture, trust, government entity, and any other entity, 
except that such term does not include any Indian 
or Indian tribe. 

(6) The term "processing site" means — 

(A) any site, including the mill, containing 
residual radioactive materials at which all or 
substantially all of the uranium was produced 
for sale to any Federal agency prior to Janu- 
ary 1, 1971 under a contract with any Federal 
agency, except in the case of a site at or near 
Slick Eock, Colorado, unless — 

(i) such site was owned or controlled as 
of January 1, 1978, or is thereafter owned 
or controlled, by any Federal agency, or 

(ii) a license (issued by the Commission 42U.s.c. 2011 
or its predecessor agency under the Atomic 42 u.s.c. 2021. 
Energy Act of 1954 or by a State as per- 
mitted under section 274 of such Act) for 
the production at such site of any uranium 
or thorium product derived from ores is in 
effect on January 1, 1978, or is issued or 
renewed after such date ; and 

(B) any other real property or improvement 
thereon which — 

(i) is in the vicinity of such site, and 
(ii) is determined by the Secretary, in 
consultation with the Commission, to be 
contaminated with residual radioactive 
materials derived from such site. 
Any ownership or control of an area by a Federal 
agency which is acquired pursuant to a cooperative 
agreement under this title shall not be treated as 
ownership or control by such agency for purposes of 
subparagraph (A) (i). A license for the production 
of any uranium product from residual radioactive 
materials shall not be treated as a license for produc- 
tion from ores within the meaning of subparagraph 
(A) (ii) if such production is in accordance with 
section 108(b). 

(7) The term "residual radioactive material" 
means — 

(A) waste (which the Secretary determines 
to be radioactive) in the form of tailings result- 
ing from the processing of ores for the extrac- 



216 

tion of uranium and other valuable constituents 
of the ores ; and 

(B) other waste (which the Secretary deter- 
mines to be radioactive) at a processing site 
which relate to such processing, including any 
residual stock of unprocessed ores or low-grade 
materials. 

(8) The term "tailings" means the remaining por- 
tion of a metal-bearing ore after some or all of such 
metal, such as uranium, has been extracted. 

(9) The term "Federal agency" includes any 
executive agency as denned in section 10o of title 5 
of the United States Code. 

(10) The term "United States" means the 48 con- 
tiguous States and Alaska, Hawaii, Puerto Rico, the 
District of Columbia, and the territories and pos- 
sessions of the United States. 

DESIGNATION OF PROCESSING SITES 

42 u s.c. 7912. Sec. 102. (a) (1) As soon as practicable, but no later 
than one year after enactment of this Act, the Secretary 
shall designate processing sites at or near the following 
locations : 

Salt Lake City, Utah 

Green River, Utah 

Mexican Hat, Utah 

Durango, Colorado 

Grand Junction, Colorado 

Rifle, Colorado (two sites) 

Gunnison, Colorado 

Naturita, Colorado 

Maybell, Colorado 

Slick Rock, Colorado (two sites) 

Shiprock, New Mexico 

Ambrosia Lake, New Mexico 

Riverton, Wyoming 

Converse County, Wyoming 

Lakeview, Oregon 

Falls City, Texas 

Tuba City, Arizona 

Monument Valley, Arizona 

Lowman, Idaho 

Canonsburg, Pennsylvania 
Remedial Subject to the provisions of this title, the Secretary shall 

complete remedial action at the above listed sites before 
his authority terminates under this title. The Secretary 
shall within one year of the date of enactment of this Act 
also designate all other processing sites within the 
United States which he determines requires remedial ac- 
tion to carry out the purposes of this title. In making 
such designation, the Secretary shall consult with the 



217 



Health hazard 
assessment. 



Administrator, the Commission, and the affected States, 
and in the case of Indian lands, the appropriate Indian 
tribe and the Secretary of the Interior. 

(2) As part of his designation under this subsection, 
the Secretary, in consultation with the Commission, shall 
determine the boundaries of each such site. 

(3) Xo site or structure with respect to which remedial 8 6 stat. 222 
action is authorized under Public Law 92-314 in Grand 
Junction, Colorado, may be designated by the Secre- 
tary as a processing site under this section. 

(b) Within one year from the date of the enactment 
of this Act, the Secretary shall assess the potential health 
hazard to the public from the residual radioactive mate- 
rials at designated processing sites. Based upon such 
assessment, the Secretary shall, within such one year pe- 
riod, establish priorities for carrying out remedial action 
at each such site. In establishing such priorities, the Sec- 
retary shall rely primarily on the advice of the 
Administrator. 

(c) Within thirty days after making designations of 
processing sites and establishing the priorities for such 
sites under this section, the Secretary shall notify the 
Governor of each affected State, and, where appropriate, 
the Indian tribes and the Secretary of the Interior. 

(d) The designations made, and priorities established, 
by the Secretary under this section shall be final and not 
be subject to judicial review. 

(e) (1) The designation of processing sites within one 
year after enactment under this section shall include, to 
the maximum extent practicable, the areas referred to 
in section 101(6) (B). 

(2) Notwithstanding the one year limitation contained 
in this section, the Secretary may. after such one year 
period, include any areas described in section 101(6) (B) 
as part of a processing site designated under this section 
if he determines such inclusion to be appropriate to carry 
out the purposes of this title. 



Notification. 



STATE COOPERATIVE AGREEMENTS 

_ Sec. 103. (a) After notifying a State of the designa- 42U.S.C. 7913. 
tion referred to in section 102 of this title, the Secretary 
subject to section 113, is authorized to enter into coopera- 
tive agreements with such State to perform remedial ac- 
tions at each designated processing site in such State 

(other than a site located on Indian lands referred to 
in section 105). The Secretary shall, to the greatest ex- 
tent practicable, enter into such agreements and carry 
out such remedial actions in accordance with the priori- 
ties established by him under section 102. The Secretary 
shall commence preparations for cooperative agreements 
with respect to each designated processing site as 



3S-938- 



218 



Terms and 
Conditions. 



Written 
consent. 



Waiver. 



promptly as practicable following the designation of each 
site. 

(b) Each cooperative agreement under this section 
shall contain such terms and conditions as the Secretary 
deems appropriate and consistent with the purposes of 
this Act, including, but not limited to, a limitation on the 
use of Federal assistance to those costs which are directly 
required to complete the remedial action selected pursu- 
ant to section 108. 

(c) (1) Except where the State is required to acquire 
the processing site as provided in subsection (a) of sec- 
tion 104, each cooperative agreement with a State under 
section 103 shall provide that the State shall obtain, in a 
form prescribed by the Secretary, written consent from 
any person holding any record interest in the designated 
processing site for the Secretary or any person designated 
by him to perform remedial action at such site. 

(2) Such written consent shall include a waiver by 
each such person on behalf of himself, his heirs, suc- 
cessors, and assigns — 

(A) releasing the United States of any liability or 
claim thereof by such person, his heirs, successors, 
and assigns concerning such remedial action, and 

(B) holding the United States harmless against 
any claim by such person on behalf of himself, his 
heirs, successors, or assigns arising out of the per- 
formance of any remedial action. 

(d) Each cooperative agreement under this section 
shall require the State to assure that the Secretary, the 
Commission, and the Administrator and their authorized 
representatives have a permanent right of entry at any 
time to inspect the processing site and the site provided 
pursuant to section 104(b) (1) in furtherance of the pro- 
visions of this title and to carry out such agreement and 
enforce this Act and any rules prescribed under this Act. 
Such riffht of entry under this section or section 106 into 
an area described in section 101(6) (B) shall terminate on 
completion of the remedial action, as determined by the 
Secret ary. 

(e) Each agreement under this section shall take effect 
only upon the concurrence of the Commission with the 
terms and conditions thereof. 

(f ) The Secretary may, in any cooperative agreement 
entered into under this section or section 105, provide for 
reimbursement of the actual costs, as determined by the 
Secretary, of anv remedial action performed with respect 
to so much of a designated processing site as is described 
in section 101 (6) (B) . Such reimbursement shall be made 
onlv to a property owner of record at the time such re- 
medial action was undertaken and only with respect to 
costs incurred by such property owner. No such reim- 
bursement may be made unless — 



219 

(1) such remedial action was completed prior to 
enactment of this Act, and unless the application for 
such reimbursement was filed by such owner within 
one year after an agreement under this section or 
section 105 is approved by the Secretary and the 
Commission, and 

(2) the Secretary is satisfied that such action ade- 
quately achieves the purposes of this Act with re- 
spect to the site concerned and is consistent with the 
standards established by the Administrator pursuant 

to section 275(a) of the Atomic Energy Act of 1954. Post, p. 3039. 

ACQUISITION, AND DISPOSITION OF LANDS AND MATERIALS 

Sec. 104. (a) Each cooperative agreement under sec- 42 u.s.c. 7014. 
tion 103 shall require the State, where determined ap- 
propriate by the Secretary with the concurrence of the 
Commission, to acquire any designated processing site, 
including where appropriate any interest therein. In 
determining whether to require the State to acquire a 
designated processing site or interest therein, considera- 
tion shall be given to the prevention of windfall profits. 

(b) (1) If the Secretary with the concurrence of the ^JJ5ti Te 
Commission determines that removal of residual radio- material, 
active material from a processing site is appropriate, the 
cooperative agreement shall provide that the State shall 
acquire land (including, where appropriate, any interest 
therein) to be used as a site for the permanent disposition 

and stabilization of such residual radioactive materials 
in a safe and environmentally sound manner. 

(2) Acquisition by the State shall not be required 
under this subsection if a site located on land controlled 
by the Secretary or made available by the Secretary of 
the Interior pursuant to section 106(a) (2) is designated 
by the Secretary, with the concurrence of the Commission, 
of such disposition and stabilization. 

(c) Xo State shall be required under subsection (a) or 
(b) to acquire any real property or improvement out- 

i side the boundaries of — 

(1) that portion of the processing site which is 
described in section 101(6) (A), and 

(2) the site used for disposition of the residual 
radioactive materials. 

(d) In the case of each processing site designated under 
this title other than a site designated on Indian land, the 
State shall take such action as may be necessary, and pur- 
suant to regulations of the Secretary under this subsec- 
tion, to assure that any person who purchases such a proc- 
essing site after the removal of radioactive materials from 
such site shall be notified in an appropriate manner prior 
to such purchase, of the nature and extent of residual 
radioactive materials removed from the site, includino- 



220 



Notification. 



Rules and 
regulations. 



notice of the date when such action took place, and the 
condition of such site after such action. If the State is 
the owner of such site, the State shall so notify any pro- 
spective purchaser before entering into a contract, option, 
or other arrangement to sell or otherwise dispose of such 
site. The Secretary shall issue appropriate rules and regu- 
lations to require notice in the local land records of the 
residual radioactive materials which were located at any 
processing site and notice of the nature and extent of 
residual radioactive materials removed from the site, in- 
cluding notice of the date when such action took place. 

(e) (1) The terms and conditions of any cooperative 
agreement with a State under section 103 shall provide 
that in the case of any lands or interests therein acquired 
by the State pursuant to subsection (a), the State, with 
the concurrence of the Secretary and the Commission, 
may — 

(A) sell such lands and interests, 

(B) permanently retain such land and interests 
in lands (or donate such lands and interests therein 
to another governmental entity within such State) 
for permanent use by such State or entity solely for 
park, recreational, or other public purposes, or 

(C) transfer such lands and interests to the 
United States as provided in subsection (f ) . 

No lands may be sold under subparagraph (A) without 
the consent of the Secretary and the Commission. No site 
may be sold under subparagraph (A) or retained under 
subparagraph (B) if such site is used for the disposition 
of residual radioactive materials. 

(2) Before offering for sale any lands and interests 
therein which comprise a processing site, the State shall 
offer to sell such lands and interests at their fair market 
value to the person from whom the State acquired them. 

(f) (1) Each agreement under section 103 shall pro- 
vide that title to — 

(A) the residual radioactive materials subject to 
the agreement, and 

(B) any lands and interests therein which have 
been acquired by the State, under subsection (a) or 
(b) , for the disposition of such materials, 

shall be transferred by the State to the Secretary when 
the Secretary (with the concurrence of the Commission) 
determines that remedial action is completed in accord- 
ance with the requirements imposed pursuant to this 
title. No payment shall be made in connection with the 
transfer of such property from funds appropriated for 
purposes of this Act other than payments for any admin- 
istrative and legal costs incurred in carrying out such 
transfer. 

(2) Custody of any property transferred to the United 
States under this subsection shall be assumed by the Sec- 



221 

retarv or such Federal agency as the President may desig- 
nate. Notwithstanding any other provision of law. upon 
completion of the remedial action program authorized by 
this title, such property and minerals shall be maintained 
pursuant to a license issued by the Commission in such 
manner as will protect the public health, safety, and the 
environment. The Commission may, pursuant to such 
license or by rule or order, require the Secretary or other 
Federal agency having custody of such property and 
minerals to undertake such monitoring, maintenance, and 
emergency measures necessary to protect public health 
and safety and other actions" as the Commission deems 
necessary "to comply with the standards of section 275 (a) Post, p. 3039. 
of the Atomic Energy Act of 1954. The Secretary or such 
other Federal agency is authorized to carry out main- 
tenance, monitoring and emergency measures under this 
subsection, but shall take no other action pursuant to such 
license, rule or order with respect to such property and 
minerals unless expressly authorized by Congress after 
the date of enactment of this Act. The United States shall 
not transfer title to property or interest therein acquired 
under this subsection to any person or State, except as 
provided in subsection (h). 

(g) Each agreement under section 103 which permits 
any sale described in subsection (e) (1) (A) shall provide 
for the prompt reimbursement to the Secretary from the 
proceeds of such sale. Such reimbursement shall be in an 
amount equal to the lesser of — 

(1) that portion of the fair market value of the 
lands or interests therein which bears the same ratio 
to such fair market value as the Federal share of the 
costs of acquisition by the State to such lands or in- 
terest therein bears to the total cost of such acqui- 
sition, or 

(2) the total amount paid by the Secretary with 
respect to such acquisition. 

The fair market value of such lands or interest shall be yai i ii e market 
determined by the Secretary as of the date of the sale by 
the State. Any amounts received by the Secretary under 
this title shall be deposited in the Treasury of the United 
States as miscellaneous receipts. 

(h) Xo provision of any agreement under section 103 
shall prohibit the Secretary of the Interior, with the 
concurrence of the Secretary of Energy and the Commis- 
sion, from disposing of any subsurface mineral rights by 
sale or lease (in accordance with laws of the United 
States applicable to the sale, lease, or other disposal of 
such rights) which are associated with land on which 
residual radioactive materials are disposed and which 
are transferred to the United States as required under 
this section if the Secretary of the Interior takes such 
action as the Commission deems necessary pursuant to a 



222 



license issued by the Commission to assure that the 
residual radioactive materials will not be disturbed by 
reason of any activity carried on following such disposi- 
tion. If any such materials are disturbed by any such 
activity, the Secretary of the Interior shall insure, prior 
to the disposition of the minerals, that such materials 
will be restored to a safe and environmentally sound con- 
dition as determined by the Commission, and that the 
costs of such restoration will be borne by the person 
acquiring such rights from the Secretary of the Interior 
or from his successor or assign. 



42U.S.C. 7915. 



Terms and 
conditions. 



INDIAN TRIBE COOPERATIVE AGREEMENTS 

Sec. 105. (a) After notifying the Indian tribe of the 
designation pursuant to section 102 of this title, the 
Secretary, in consultation with the Secretary of the 
Interior, is authorized to enter into a cooperative agree- 
ment, subject to section 113, with any Indian tribe to 
perform remedial action at a designated processing site 
located on land of such Indian tribe. The Secretary shall, 
to the greatest extent practicable, enter into such agree- 
ments and carry out such remedial actions in accordance 
with the priorities established by him under section 102. 
In performing any remedial action under this section and 
in carrying out any continued monitoring or maintenance 
respecting residual radioactive materials associated with 
any site subject to a cooperative agreement under this 
section, the Secretary shall make full use of any qualified 
members of Indian tribes resident in the vicinity of any 
such site. Each such agreement shall contain such terms 
and conditions as the Secretary deems appropriate and 
consistent with the purposes of this Act. Such terms and 
conditions shall require the following : 

(1) The Indian tribe and any person holding any 
interest in such land shall execute a waiver (A) 
releasing the United States of any liability or claim 
thereof by such tribe or person concerning such 
remedial action and (B) holding the United States 
harmless against any claim arising out of the per- 
formance of any such remedial action. 

(2) The remedial action shall be selected and per- 
formed in accordance with section 108 by the Secre- 
tary or such person as he may designate. 

(3) The Secretary, the Commission, and the Ad- 
ministrator and their authorized representatives 
shall have a permanent right of entry at any time to 
inspect such processing site in furtherance of the 
provisions of this title, to carry out such agreement, 
and to enforce any rules prescribed under this Act. 

Each agreement under this section shall take effect only 
upon concurrence of the Commission with the terms and 
conditions thereof. 



223 



(b) When the Secretary with the concurrence of the 
Commission determines removal of residual radioactive 
materials from a processing site on lands described in 
subsection (a) to be appropriate, he shall provide, con- 
sistent with other applicable provisions of law, a site or 
sites for the permanent disposition and stabilization 
in a safe and environmentally sound manner of such 
residual radioactive materials. Such materials shall be 
transferred to the Secretary (without payment therefor 
by the Secretary) and permanently retained and main- 
tained by the Secretary under the conditions established 
in a license issued by the Commission, subject to section 
104(f)(2) and (h). 



Transfer to 
Secretary of 
the Interior. 



ACQUISITION OF LAND BY SECRETARY 



42 U.S.C. 7916. 



Sec. 106. Where necessary or appropriate in order to 
consolidate in a safe and environmentally sound manner 
the location of residual radioactive materials which are 
removed from processing sites under cooperative agree- 
ments under this title, or where otherwise necessary for 
the permanent disposition and stabilization of such ma- 
terials in such manner — 

(1) the Secretary may acquire land and interests 
in land for such purposes by purchase, donation, or 
under any other authority of law or 

(2) the Secretary of the Interior may make avail- 
able public lands administered by him for such pur- 
poses in accordance with other applicable provisions 
of law. 

Prior to acquisition of land under paragraph (1) or (2) Consultation, 
of this subsection in any State, the Secretary shall con- 
sult with the Governor of such State. No lands may be 
acquired under such paragraph (1) or (2) in any State 
in which there is no (1) processing site designated under 
this title or (2) active uranium mill operation, unless the 
Secretary has obtained the consent of the Governor of 
such State. No lands controlled by any Federal agency 
may be transferred to the Secretary to carry out the 
purposes of this Act without the concurrence of the chief 
administrative officer of such agency. 



FINANCIAL ASSISTANCE 



■ Sec. 107. (a) In the case of any designated processing 
site for which an agreement is executed with any State 
for remedial action at such site, the Secretary shall pay 
90 per centum of the actual cost of such remedial action, 
including the actual costs of acquiring such site (and 
any interest therein) or any disposition site (and any 
interest therein) pursuant to" section 103 of this title, and 
the State shall pay the remainder of such costs from non- 



42 U.S.C. 7917. 



224 

Federal funds. The Secretary shall not pay the adminis- 
trative costs incurred by any State to develop, prepare, 
and carry out any cooperative agreement executed with 
such State under this title, except the proportionate share 
of the administrative costs associated with the acquisition 
of lands and interests therein acquired by the State pur- 
suant to this title. 

(b) In the case of any designated processing site lo- 
cated on Indian lands, the Secretary shall pay the entire 
cost of such remedial action. 



42 U.S.C. 7918. 



Post, p. 3039. 



Byaluation. 



REMEDIAL ACTION 

Sec. 108. (a) (1) The Secretary or such person as he 
may designate shall select and perform remedial actions 
at designated processing sites and disposal sites in ac- 
cordance with the general standards prescribed by the 
Administrator pursuant to section 275 a. of the Atomic 
Energy Act of 1954. The State shall participate fully 
in the selection and performance of a remedial action for 
which it pays part of the cost. Such remedial action shall 
be selected and performed with the concurrence of the 
Commission and in consultation, as appropriate, with the 
Indian tribe and the Secretary of the Interior. 

(2) The Secretary shall use technology in performing 
such remedial action as will insure compliance with the 
general standards promulgated by the Administrator 
under section 275 a. of the Atomic Energy Act of 1954 
and will assure the safe and environmentally sound sta- 
bilization of residual radioactive materials, consistent 
with existing law. No such remedial action may be under- 
taken under this section before the promulgation by the 
Administrator of such standards. 

(b) Prior to undertaking any remedial action at a 
designated site pursuant to this title, the Secretary shall 
request expressions of interest from private parties re- 
garding the remilling of the residual radioactive materi- 
als at the site and, upon receipt of any expression of 
interest, the Secretary shall evaluate among other things 
the mineral concentration of the residual radioactive 
materials at each designated processing site to determine 
whether, as a part of any remedial action program, re- 
covery of such minerals is practicable. The Secretary, 
with the concurrence of the Commission, may permit the 
recovery of such minerals, under such terms and condi- 
tions as he may prescribe to carry out the purposes of 
this title. No such recovery shall be permitted unless such 
recovery is consistent with remedial action. Any person 
permitted by the Secretary to recover such mineral shall 
pay to the Secretary a share of the net profits derived 
from such recovery, as determined by the Secretary. Such 
share shall not exceed the total amount paid by the Sec- 



225 



retary for carrying out remedial action at such desig- 
nated site. After payment of such share to the United 
States under this subsection, such person shall pay to the 
State in which the residual radioactive materials are 
located a share of the net profits derived from such 
recovery, as determined by the Secretary. The person 
recovering such minerals "shall bear all costs of such 
recovery. Any person carving out mineral recovery activi- 
ties under this paragraph shall be required to obtain any 
necessary license under the Atomic Energy Act of 1954 
or under State law as permitted under section 274 of 42 u.s.c. 2021. 
such Act. 

RULES 

Sec. 109. The Secretary may prescribe such rules con- 42 u.s.c. 7919. 
sistent with the purposes of this Act as he deems appro- 
priate pursuant to title V of the Department of Energy 
Organization Act. 

EXFORCEMEXT 

Sec. 110. (a) (1) Any person who violates any provi- 42 u.s.c. 792a. 
sion of this title or any cooperative agreement entered 
into pursuant to this title or any rule prescribed under 
this Act concerning any designated processing site, dis- 
position site, or remedial action shall be subject to an 
assessment by the Secretary of a civil penalty of not more 
than $1,000 per day per violation. Such assessment shall 
be made bv order after notice and an opportunitv for a ™ ic l< bearing 

it i • • ~~. l p .,i -w •, i opportunity. 

public hearing, pursuant to section oo4 of title 0, United 
States Code. 

(2) Any person against whom a penalty is assessed un- 
der this section may, within sixty calendar days after the 
date of the order of the Secretary assessing such penalty, 
institute an action in the United States court of appeals 
for the appropriate judicial circuit for judicial review of 
such order in accordance with chapter 7 of title 5, United 

States Code. The court shall have jurisdiction to enter a 5 u.s.c. 500 
judgment affirming, modifying, or setting aside in whole jurisdiction. 
or in part, the order of the Secretary, or the court may 
remand the proceeding to the Secretary for such further 
action as the court may direct. 

(3) If any person fails to pay an assessment of a civil 
penalty after it has become a final and unappealable or- 
der, the Secretary shall institute an action to recover the 
amount of such penalty in any appropriate district court 
of the United States. In such action, the validity and ap- 
propriateness of such final assessment order or judgment 
shall not be subject to review. Section 402(d) of the De- 
partment of Energy Organization Act shall not apply 42 u.s.c. 7172. 
with respect to the functions of the Secretary under this 

section. 

(4) Xo civil penalty may be assessed against the United 
States or any State or political subdivision of a State or 
any official or employee of the foregoing. 






226 

(5) Nothing in this section shall prevent the Secretary 
from enforcing any provision of this title or any coopera- 
tive agreement or any such rule by injunction or other 
equitable remedy. 

(b) Subsection (a) shall not apply to any licensing re- 
quirement under the Atomic Energy Act of 1954. Such 
42 u.s.c. 2011 licensing requirements shall be enforced by the Commis- 
note * sion as provided in such Act. 

PUBLIC PARTICIPATION 

42 u.s.c. 7921. Sec. 111. In carrying out the provisions of this title,, 
including the designation of processing sites, establishing 
priorities for such sites, the selection of remedial actions, 
and the execution of cooperative agreements, the Secre- 
tary, the Administrator, and the Commission shall en- 
courage public participation and, where appropriate, the 
Secretary shall hold public hearings relative to such mat- 
ters in the States where processing sites and disposal sites 
are located. 

TERMINATION ; AUTHORIZATION 

42 u.s.c. 7922. Sec> m ( a ) The authority of the Secretary to per- 
form remedial action under this title shall terminate on 
the date seven years after the date of promulgation by 
the Administrator of general standards applicable to 
such remedial action unless such termination date is spe- 
cifically extended by an Act of Congress enacted after 
the date of enactment of this Act. 

(b) The amounts authorized to be appropriated to 
carry out the purposes of this title by the Secretary, the 
Administrator, the Commission, and the Secretary of 
the Interior shall not exceed such amounts as are estab- 
lished in annual authorization Acts for fiscal year 1979 
and each fiscal year thereafter applicable to the Depart- 
ment of Energy. Any sums appropriated for the purposes 
of this title shall be available until expended. 

LIMITATION 

42 u.s.c. 7923. g E0> j_i& The authority under this title to enter into 
contracts or other obligations requiring the United 
States to make outlays may be exercised only to the ex- 
tent provided in advance in annual authorization and 
appropriation Acts. 

REPORTS TO CONGRESS 

42 u.s.c. 7924. g EC< 114, ( a ) Beginning on January 1, 1980, and each 
year thereafter until January 1, 1986, the Secretary shall 
submit a report to the Congress with respect to the status 
of the actions required to be taken by the Secretary, the 
Commission, the Secretary of the Interior, the Adminis- 



227 

trator, and the States and Indian tribes under this Act 
and any amendments to other laws made by this Act. 
Each report shall — 

(1) include data on the actual and estimated costs 
of the program authorized by this title ; 

(2) describe the extent of participation by the 
States and Indian tribes in this program ; 

(3) evaluate the effectiveness of remedial actions, 
and describe any problems associated with the per- 
formance of such actions ; and 

(4) contain such other information as may be 
appropriate. 

Such report shall be prepared in consultation with the 
Commission, the Secretary of the Interior, and the Ad- 
ministrator and shall contain their separate views, com- 
ments, and recommendations, if any. The Commission 
shall submit to the Secretary and Congress such portion 
of the report under this subsection as relates to the au- 
thorities of the Commission under title II of this Act. 
(b) Not later than July 1, 1979, the Secretary shall 
provide a report to the Congress which identifies all sites 
located on public or acquired lands of the United States 
containing residual radioactive materials and other radio- 
active waste (other than waste resulting from the pro- 
duction of electric energy) and specifies which Federal 
agency has jurisdiction over such sites. The report shall 
include the identity of property and other structures in 
the vicinity of such site that are contaminated or may be 
contaminated by such materials and the actions planned 
or taken to remove such materials. The report shall de- 
scribe in what manner such sites are adequately stabilized 
and otherwise controlled to prevent radon diffusion from 
such sites into the environment and other environmental 
harm. If any site is not so stabilized or controlled, the 
report shall describe the remedial actions planned for 
such site and the time frame for performing such actions. 
In preparing the reports under this section, the Seeretarv 
shall avoid duplication of previous or ongoing studies and 
shall utilize all information available from other depart- 
ments and agencies of the United States respecting the 
subjectmatter of such report. Such agencies shall coop- 
erate with the Secretary in the preparation of such report Cooperation, 
and furnish such information as available to them and 
necessary for such report. 

m (c) Not later than January 1, 1980, the Administrator, 
in consultation with the Commission, shall provide a re- 
port to the Congress which identifies the location and 
potential health, safety, and environmental hazards of 
uranium mine wastes together with recommendations, if 
any. for a program to eliminate these hazards. 

(d) Copies of the reports required by this section to 
be submitted to the Congress shall be ' separately sub- 
mitted to the Committees on Interior and Insular Affairs 



228 



and on Interstate and Foreign Commerce of the House 
of Representatives and the Committee on Energy and 
Natural Resources of the Senate. 

(e) The Commission, in cooperation with the Secre- 
tary, shall ensure that any relevant information, other 
than trade secrets and other proprietary information 
otherwise exempted from mandatory disclosure under any 
other provision of law, obtained from the conduct of each 
of the remedial actions authorized by this title and the 
subsequent perpetual care of those residual radioactive 
materials is documented systematically, and made pub- 
licly available conveniently for use. 



42 U.S.C. 7925. 



42 U.S.C. 2011 
note. 



42 U.S.C. 2021. 
Study. 



42 U.S.C. 2014. 



"Byproduct 
material." 



ACTIVE operations; LIABILITY FOR REMEDIAL ACTION 

Sec. 115. (a) No amount may be expended under this 
title with respect to any site licensed by the Commission 
under the Atomic Energy Act of 1954 or by a State as 
permitted under section 274 of such Act at which produc- 
tion of any uranium product from ores (other than 
from residual radioactive materials) takes place. 

(b) In the case of each processing site designated un- 
der this title, the Attorney General shall conduct a study 
to determine the identity and legal responsibility which 
any person (other than the United States, a State, or 
Indian tribe) who owned or operated or controlled (as 
determined by the Attorney General) such site before 
the date of the enactment of this Act may have under 
any law or rule of law for reclamation or other remedial 
action with respect to such site. The Attorney General 
shall publish the results of such study, and provide copies 
thereof to the Congress, as promptly as practicable fol- 
loAving the date of the enactment of this Act. The At- 
torney General, based on such study, shall, to the extent 
he deems it appropriate and in the public interest, take 
such action under any provision of law in effect when 
uranium was produced at such site to require payment by 
such person of all or any part of the costs incurred by 
the United States for such remedial action for which he 
determines such person is liable. 

TITLE II— URANIUM MILL TAILINGS LICENS- 
ING AND REGULATION DEFINITION 

Sec. 201. Section lie. of the Atomic Energy Act of 
1954, is amended to read as follows : 

"e. The term 'by product material' means (1) any radio- 
active material (except special nuclear material) yielded 
in or made radioactive by exposure to the radiation in- 
cident to the process of producing or utilizing special 
nuclear material, and (2) the tailings or wastes produced 



229 

by the extraction or concentration of uranium or thorium 
from any ore processed primarily for its source material 
content." 

CUSTODY OF DISPOSAL SITE 

Sec. 202. (a) Chapter 8 of the Atomic Energy xVct of 42 u.s.c. 2111 
1954, is amended by adding the following new section iVufs.c. 2113. 
at the end thereof : 



42 U.S.C. 2002, 
2111. 

42 U.S.C. 2014. 



42 U.S.C. 2014. 



"Sec. 83. Ownership and Custody of Certaix By- 
product Material and Disposal Sites. — 

"a. Any license issued or renewed after the effective 
date of this section under section 62 or section 81 for any 
activity which results in the production of any byproduct 
material, as defined in section lie. (2), shall contain 
such terms and conditions as the Commission determines 
to be necessary to assure that, prior to termination of such 
license — 

"(1) the licensee will comply with decontamina- 
tion, decommissioning, and reclamation standards 
prescribed by the Commission for sites (A) at which 
ores were processed primarily for their source mate- 
rial content and (B) at which such byproduct mate- 
rial is deposited, and 

"(2) ownership of any byproduct material, as 
defined in section 11 e. (2),' which resulted from 
such licensed activity shall be transferred to (A) 
the United States or '(B) in the State in which such 
activity occurred if such State exercises the option 
under subsection b. (1) to acquire land used for the 
disposal of byproduct material. 
Any license in effect on the date of the enactment of this 
section shall either contain such terms and conditions on 
renewal thereof after the effective date of this section, or 
comply with paragraphs (1) and (2) upon the termina- 
tion of such license, whichever first occurs. 

"(b)(1)(A) The Commission shall require bv rule, Rule, reguiati 
regulation, or order that prior to the termination of any ororder - 
license which is issued after the effective date of this 
section, title to the land, including any interests therein 
(other than land owned by the United States or bv a 
btate) which is used for the disposal of any bvproduct 
material, as defined by section 11 e. (2), pursuant to 
such license shall be transferred to- 
ll (A) the United States, or 

"(B) the State in which such land is located, at 
& the option of such State. 

1 (2) Unless the Commission determines prior to such 
termination that transfer of title to such land and such 
byproduct material is not necessary or desirable to pro- 
tect the public health, safety, or welfare or to minimize 



230 

or eliminate danger to life or property. Such determina- 
tion shall be made in accordance with section 181 of this 
Act. Notwithstanding any other provision of law or any 
such determination, such property and materials shall 
be maintained pursuant to a license issued by the Com- 
mission pursuant to section 84(b) in such manner as will 
protect the public health, safety, and the environment. 
"(B) If the Commission determines by order that use 
of the surface or subsurface estates, or both, of the land 
transferred to the United States or to a State under 
subparagraph (A) would not endanger the public health, 
safety, welfare, or environment, the Commission, pur- 
suant to such regulations as it may prescribe, shall permit 
the use of the surface or subsurface estates, or both, of 
such land in a manner consistent with the provisions of 
this section. If the Commission permits such use of such 
land, it shall provide the person who transferred such 
land with the right of first refusal with respect to such 
use of such land. 

"(2) If transfer to the United States of title to such 
byproduct material and such land is required under this 
section, the Secretary of Energy or any Federal agency 
designated by the President shall, following the Com- 
mission's determination of compliance under subsection 
c, assume title and custody of such byproduct material 
and land transferred as provided in this subsection. Such 
Secretary or Federal agency shall maintain such mate- 
rial and land in such manner as will protect the public 
health and safety and the environment. Such custody 
may be transferred to another officer or instrumentality of 
the United States only upon approval of the President. 
"(3) If transfer to a State of title to such byproduct 
material is required in accordance with this subsection, 
such State shall, following the Commission's determina- 
tion of compliance under subsection d., assume title and 
custody of such byproduct material and land transferred 
as provided in this subsection. Such State shall maintain 
such material and land in such manner as will protect the 
public health, safety, and the environment, 
42 u.s.c. 2092. " (4) In the case^of any such license under section 62. 
which was in effect on the effective date of this section, the 
Commission may require, before the termination of such 
license, such transfer of land and interests therein (as de- 
scribed in paragraph (1) of this subsection) to the United 
States or a State in which such land is located, at the op- 
tion of such State, as may be necessary to protect the pub- 
lic health, welfare, and the environment from any effects 
associated with such bvproduct material. In exercising 
the authority of this paragraph, the Commission shall 
take into consideration the status of the ownership of such 
land and interests therein and the ability of the licensee 
to transfer title and custody thereof to the United States 
or a State. 



231 

"(o) The Commission may, pursuant to a license, or 
"by rule or order, require the Secretary or other Federal 
agency or State having custody of such property and ma- 
terials to undertake such monitoring, maintenance, and 
emergency measures as are necessary to protect the pub- 
lic health and safety and such other actions as the Com- 
mission deems necessary to comply with the standards 
promulgated pursuant to section 84 of this Act. The Sec- 
retary or such other Federal agency is authorized to carry Pogt) p> 3 039# 
out maintenance, monitoring, and emergency measures, 
but shall take no other action pursuant to such license, 
rule or order, with respect to such property and materials 
unless expressly authorized by Congress after the date 
of enactment of this Act. 

" (6) The transfer of title to land or byproduct materi- 42 u.s.c. 2014. 
als, as defined in section 11 e. (2) , to a State or the United 
States pursuant to this subsection shall not relieve any li- 
censee of liability for any fraudulent or negligent acts 
done prior to such transfer. 

"(7) Material and land transferred to the United 
States or a State in accordance with this subsection shall 
be transferred without cost to the United States or a State 
(other than administrative and legal costs incurred in 
carrying out such transfer). Subject to the provisions of 
paragraph (1) (B) of this subsection, the United States 
or a State shall not transfer title to material or property 
acquired under this subsection to any person, unless such 
transfer is in the same manner as provided under section 
104(h) of the Uranium Mill Tailings Radiation Control 
Act of 1978. 

" (8) The provisions of this subsection respecting trans- 
fer of title and custody to land shall not apply in the case 
of lands held in trust by the United States for any Indian 
tribe or lands owned by such Indian tribe subject to a 
restriction against alienation imposed by the United 
States. In the case of such lands which are used for the 
disposal of byproduct material, as defined in section 11 e. 
(2), the licensee shall be required to enter into such ar- 
rangements with the Commission as may be appropriate 
to assure the long-term maintenance and monitoring of 
such lands by the United States. 

: "c. Upon termination on any license to which this sec- 
tion applies, the Commission shall determine whether or 
not the licensee has complied with all applicable stand- 
ards and requirements under such license.". 

(b) This section shall be effective three years after the 
enactment of this Act. 

(c) The table of contents for chapter 8 of the Atomic Effective date. 
Energy Act of 1954, is amended by inserting the follow- ^tf S ' C ' 211S 
ing new item after the item relating to section 82 : 

''Sec. 83. Ownership and custody of certain byproduct material 
xind disposal sites.". 



232 



AUTHORITY TO ESTABLISH CERTAIN REQUIREMENTS 



42 u.s.c. 2201. Sec. 203. Section 161 of the Atomic Energy Act of 1954, 
is amended by adding the following new subsection at the 
end thereof: 
42 u.s.c. 2231. «x. Establish by rule, regulation, or order, after public 
notice, and in accordance with the requirements of section 
181 of this Act, such standards ancl instructions as the 
Commission may deem necessary or desirable to ensure — 
" (1) that an adequate bond, surety, or other finan- 
cial arrangement (as determined by the Commission) 
will be provided before termination of any license for 
42 u.s.c. 2014. byproduct material as defined in section 11 e. (2), 

by a licensee to permit the completion of all require- 
ments established by the Commission for the decon- 
tamination, decommissioning, and reclamation of 
sites, structures, and equipment used in conjunction 
with byproduct material as so defined, and 
u (2) that— 

"(A) in the case of any such license issued or 
renewed after the date of the enactment of this 
subsection, the need for long term maintenance 
and monitoring of such sites, structures and 
equipment after termination of such license will 
be minimized and, to the maximum extent prac- 
ticable, eliminated ; and 

"(B) in the case of each license for such ma- 
terial (whether in effect on the date of the en- 
actment of this section or issued or renewed 
thereafter), if the Commission determines that 
any such long-term maintenance and monitoring 
is necessary, the licensee, before termination 
of any license for byproduct material as defined 
in section 11 e. (2), will make available such 
bonding, surety, or other financial arrangements 
as may be necessary to assure such long-term 
maintenance and monitoring. 
Such standards and instructions promulgated by the 
Commission pursuant to this subsection shall take into 
account, as determined by the Commission, so as to avoid 
unnecessary duplication and expense, performance bonds 
or other financial arrangements w T hich are required by 
other Federal agencies or State agencies and/or other 
local governing bodies for such decommissioning, decon- 
tamination, and reclamation and long-term maintenance 
and monitoring except that nothing in this paragraph 
shall be construed to require that the Commission accept 
such bonds or arrangements if the Commission deter- 
mines that such bonds or arrangements are not adequate 
to carry out subparagraphs (1) and (2) of this sub- 
section.". 



233 



COOPERATION WITH STATES 



42 U.S. C. 2021. 



'Agreement. 



Sec. 204. (a) Section 274 b. of the Atomic Energy 42 u.s.c. 2021 

Act of 1954, is amended by adding "as denned in section 
11 e. (1)" after the words "byproduct materials" in 
paragraph (1) by renumbering paragraphs (2) and (3) 
as paragraphs (3) and (4) ; and by inserting the follow- 
ing new paragraph immediately after paragraph (1) : 
"(2) byproduct materials as defined in section 
11 e. (2) ;". 

(b) Section 274 d. (2) of such Act is amended by 
inserting the following before the word "compatible": 
"in accordance with the requirements of subsection o. 
and in all other respects". 

(c) Section 274 n. of such Act is amended by adding 
the following new sentence at the end thereof : "As used 
in this section, the term 'agreement' includes any amend- 
ment to any agreement.". 

(d) Section 274 j. of such Act is amended— 

(1) bv inserting "all or part of" after "suspend"; 

(2) by inserting " (1) " after "finds that" ; and 

(3) by adding at the end before the period the Review. 
following: % or (2) the State has not complied with 
one or more of the requirements of this section. The 
Commission shall periodically review such agree- 
ments and actions taken by the States under the 
agreements to ensure compliance with the provisions 
of this section.". 

(e) (1) Section 274 of such Act is amended by adding 
the following new subsection at the end thereof : 

"o. In the licensing and regulation of byproduct ma- 
terial, as defined in section 11 e. (2) of this Act, or of any 
activity which results in the production of byproduct 
material as so defined under an agreement entered into 
pursuant to subsection b., a State shall require — 

"(1) compliance with the requirements of subsec- 
tion b. of section 83 (respecting ownership of by- 
product material and land) , and 

"(2) compliance with standards which shall be 
adopted by the State for the protection of the public 
health, safety, and the environment from hazards 
associated with such material which are equivalent, 
to the extent practicable, or more stringent than, 
standards adopted and enforced by the Commission 
for the same purpose, including requirements and 
standards promulgated by the Commission and the 
Administrator of the Environmental Protection 
Agency pursuant to sections 83, 84, and 275, and 
" ( 3 ) procedures which — 

"(A) in the case of licenses, provide proce- 
dures under State law which include — 



Ante, p. 3033. 
Post, p. 3039. 



3S-938— 79- 



-10 



234 

"(i) an opportunity, after public notice, 
for written comments and a public hearing, 
with a transcript, 

"(ii) an opportunity for cross examina- 
tion, and 

"(iii) a written determination which is 
based upon findings included in such deter- 
mination and upon the evidence presented 
during the public comment period and 
which is subject to judicial review ; 
"(B) in the case of rulemaking, provide an 
opportunity for public participation through 
written comments or a public hearing and pro- 
vide for judicial review of the rule ; 

"(C) require for each license which has a 
significant impact on the human environment 
a written analysis (which shall be available to 
the public before the commencement of any such 
proceedings) of the impact of such license, in- 
cluding any activities conducted pursuant 
thereto, on the environment, which analysis 
shall include — 

" (i) an assessment of the radiological and 
nonradiological impacts to the public health 
of the activities to be conducted pursuant to 
such license ; 

"(ii) an assessment of any impact on any 
waterway and groundwater resulting from 
such activities ; 

"(iii) consideration of alternatives, in- 
cluding alternative sites and engineering 
methods, to the activities to be conducted 
pursuant to such license ; and 

"(iv) consideration of the long-term im- 
pacts, including decommissioning, decon- 
tamination, and reclamation impacts, asso- 
ciated with activities to be conducted pur- 
suant to such license, including the manage- 
ment of any byproduct material, as defined 
by section 11 e. (2) ; and 
"(D) prohibit any major construction activ- 
ity with respect to such material prior to com- 
plying with the provisions of subparagraph (C) . 
If any State under such agreement imposes upon any 
licensee any requirement for the payment of funds to 
such State for the reclamation or long-term maintenance 
and monitoring of such material, and if transfer to the 
United States of such material is required in accordance 
Ante, p. 3033. with section 83 b. of this Act, such agreement shall be 
amended by the Commission to provide that such State 
shall transfer to the United States upon termination of 
the license issued to such licensee the total amount col- 
lected by such State from such licensee for such purpose. 



235 



42 U.S.C. 2014. 
42 U.S.C. 2021 
note. 



If such payments are required, they must be sufficient to 
ensure compliance with the standards established by the 
Commission pursuant to section 161 x. of this Act. No 42 usc - 2201 - 
State shall be required under paragraph (3) to conduct 
proceedings concerning any license or regulation which 
would duplicate proceedings conducted by the Commis- 
sion.". 

(f ) Section 274 c. of such Act is amended by inserting 42 u.s.c. 2021. 
the following new sentence after paragraph (4) thereof: 

"The Commission shall also retain authority under any 
such agreement to make a determination that all appli- 
cable standards and requirements have been met prior to 
termination of a license for byproduct material, as de- 
fined in section 11 e. (2) .". 

(g) Nothing in any amendment made by this section 
shall preclude any State from exercising any other au- 
thority as permitted under the Atomic Energy Act of 
1954 respecting any byproduct material, as defined in 
section 11 e. (2) of the Atomic Energy Act of 1954. 

(h) (1) On or before the date three years after the date 42 u.s.c. 2021 
of the enactment of this Act, notwithstanding any amend- 
ment, made by this title, any State may exercise any au- 
thority under State law respecting byproduct material, 
as denned in section 11 e. (2) of the Atomic Energy Act 
of 1954, in the same manner, and to the same extent, as 
permitted before the enactment of this Act. 

(2) An agreement entered into with any State as per- 
mitted under section 274 of the Atomic Energy Act of 
1954 with respect to byproduct material as defined in sec- 
tion 11 e. (2) of such Act, may be entered into at any 
time after the date of the enactment of this Act but no 
such agreement may take effect before the date three 
years after the date of the enactment of this Act. 



AUTHORITIES OF COMMISSION RESPECTING CERTAIN 
BYPRODUCT MATERIAL 

Sec. 205. (a) Chapter 8 of the Atomic Energy Act of 
1954, is amended by adding the following new section at 
the end thereof : 

"Sec. 84. Authorities or Commission Bespecttng Cer- 
tain Byproduct Material. — 

"a. The Commission shall insure that the management 
of any byproduct material, as defined in section 11 e. (2), 
is carried out in such manner as — 

"(1) the Commission deems appropriate to pro- 
tect the public health and safety and the environ- 
ment from radiological and nonradiological hazards 
associated with the processing and with the posses- 
sion and transfer of such material, 

"(2) conforms with applicable general standards 
promulgated by the Administrator of the Environ- 



42 u.s.c. 2111 

et seq. 

42 U.S.C. 2114. 



42 U.S.C. 2014. 



236 



Infra. 



42 U.S.C. 6091. 



Rule, regulation 
or order. 



42 U.S.C. 2111. 



Civil penalty. 

Ante, p. 3033. 
42 U.S.C. 22S2. 

42 U.S.C. 2111. 



42 U.S.C. 2112. 
Supra. 



mental Protection Agency under section 275, and 
"(3) conforms to general requirements estab- 
lished by the Commission, with the concurrrence of 
the Administrator, which are, to the maximum ex- 
tent practicable, at least comparable to requirements 
applicable to the possession, transfer, and disposal 
of similar hazardous material regulated by the Ad- 
ministrator under the Solid Waste Disposal Act, as 
amended, 
"b. In carrying out its authoity under this section, the 
Commission is authorized to — 

"(1) by rule, regulation, or order require persons, 
officers, or instrumentalities exempted from licensing 
under section 81 of this Act to conduct monitoring, 
perform remedial work, and to comply with such 
other measures as it may deem necessary or desirable 
to protect health or to minimize danger to life or 
property, and in connection with the disposal or 
storage of such byproduct material ; and 

"(2) make such studies and inspections and to 
conduct such monitoring as may be necessary. 
Any violation by any person other than the United 
States or any officer or employee of the United States or a 
State of any rule, regulation, or order or licensing pro- 
vision, of the Commission established under this section 
or section 83 shall be subject to a civil penalty in the 
same manner and in the same amount as violations sub- 
ject to a civil penalty under section 234. Nothing in this 
section affects any authority of the Commission under 
any other provision of this Act.". 

(b) The first sentence of section 81 of the Atomic 
Energy Act of 154, is amended to read as follows : "No 
person may transfer or receive in interstate commerce, 
manufacture, produce, transfer, acquire, own. posses, 
import, or export any byproduct material, except to the 
extent authorized by this section, section 82 or section 
84.". 

(c) The table of contents for such chapter 8 is 
amended by inserting the following new item after the 
item relating to section 83 : 

"Sec. 84. Authorities of Commission repecting certain byproduct 
material.". 

AUTHORITY OF ENVIRONMENTAL PROTECTION AGENCY 
RESPECTING CERTAIN BYPRODUCT MATERIAL 



42 U.S.C. 2021. 
42 U.S.C. 2022. 



Rule. 



Sec. 206. (a) Chapter 19 of the Atomic Energy Act 
of 1954, is amended by inserting after section 274 the 
following new section: 

"Sec. 275. Health and Environmental Standards 
for Uranium Mill Tailings. — 

"a. As soon as practicable, but not later than one year 
after the date of enactment of this section, the Adminis- 



237 



t rat or of the Environmental Protection Agency (herein- 
after referred to in this section as the 'Administrator') 
shall, by rule, promulgate standards of general applica- 
tion (including standards applicable to licenses under sec- 
tion 104(h) of the Uranium Mill Tailings Radiation Con- 
trol Act of 1978) for the protection of the public health, 
safety, and the environment from radiological and non- 
radiological hazards associated with residual radioac- 
tive materials (as defined in section 101 of the Uranium 
Mill Tailings Radiation Control Act of 1978) located at 
inactive uranium mill tailings sites and depository sites 
for such materials selected by the Secretary of Energy, 
pursuant to title I of the Uranium Mill Tailings Radia- 
tion Control Act of 1978. Standards promulgated pur- 
suant to this subsection shall, to the maximum extent 
practicable, be consistent with the requirements of the 
Solid Waste Disposal Act, as amended. The Administra- J2u.s.c. gqoi 
tor may periodically revise any standard promulgated 
pursuant to this subsection. 

"b. (1) As soon as practicable, but not later than Rule . 
eighteen months after the enactment of this section, the 
Administrator shall, by rule, promulgate standards of 
general application for the protection of the public health, 
safety, and the environmental from radiological and non- 
radiological hazards associated with the processing and 
with the possession, transfer, and disposal of byproduct 
material, as defined in section 11 e. (2) of this Act, at sites 42 usc - 20U - 
at which ores are processed primarily for their source 
material content or which are used for the disposal of 
such byproduct material. 

"(2) Such generally applicable standards promul- 
gated pursuant to this subsection for nonradiological 
hazards shall provide for the protection of human health 
and the environment consistent with the standards re- 
quired under subtitle C of the Solid Waste Disposal Act, 
as amended, which are applicable to such hazards : Pro- 
vided, however, That no permit issued by the Adminis- 
trator is required under this Act or the Solid Waste Dis- 
posal Act, as amended, for the processing, possession, 
transfer, or disposal of byproduct material, as defined in 
section 11 e. (2) of this Act. The Administrator may pe- 
riodically revise any standard promulgated pursuant to 
this susbection. Within three years after such revision of 
any such standard, the Commission and any State per- 
mitted to exercise authority under section 274 b. (2) shall 42 u.s.c. 2021. 
apply such revised standard in the case of any license for 
byproduct material as defined in section 11 e. (2) or any 
revision thereof. 

"c. (1) Before the promulgation of any rule pursuant 
to this section, the Administrator shall publish the pro- 
posed rule in the Federal Register, together with a state- 
ment of the research, analysis, and other available infor- opportunity 
matron in support of such proposed rule, and provide 



Publication in 
Federal 
Register. 
Notice, hearing 



238 



Consultation. 



Judicial 
review. 



5 U.S.C. 701 
et seq. 



42 U.S.C. 2021. 



42 U.S.C. 2014. 
42 U.S.C. 7401 
note. 

33 U.S.C. 1251 
note. 

42 U.S.C. 2018 
et seq. 



a period of public comment of at least thirty days for 
written comments thereon and an opportunity, after such 
comment period and after public notice, for any interested 
person to present oral data, views, and arguments at a 
public hearing. There shall be a transcript of any such 
hearing. The Administrator shall consult with the Com- 
mission and the Secretary of Energy before promulga- 
tion of any such rule. 

"(2) Judicial review of airy rule promulgated under 
this section may be obtained by any interested person only 
upon such person filing a petition for review within sixty 
days after such promulgation in the United States court 
of appeals for the Federal judicial circuit in which such 
person resides or has his principal place of business. A 
copy of the petition shall be forthwith transmitted by the 
clerk of court to the Administrator. The Administrator 
thereupon shall file in the court the written submissions 
to, and transcript of, the written or oral proceedings on 
which such rule was based as provided in section 2112 of 
title 28, United States Code. The court shall have juris- 
diction to review the rule in accordance with chapter 7 
of title 5, United States Code, and to grant appropriate 
relief as provided in such chapter. The judgment of the 
court affirming, modifying, or setting aside, in whole or 
in part, any such rule shall be final, subject to judicial 
review by the Supreme Court of the United States upon 
certiorari or certification as provided in section 1204 of 
title 28, United States Code. 

" (3) Any rule promulgated under this section shall not 
take effect earlier than sixty calendar days after such 
promulgation. 

"d. Implementation and enforcement of the standards 
promulgated pursuant to subsection b. of this section 
shall be the responsibility of the Commission in the con- 
duct of its licensing activities under this Act, States ex- 
ercising authority pursuant to section 274 b. (2) of this 
Act shall implement and enforce such standards in ac- 
cordance with subsection o. of such section. 

"e. Nothing in this Act applicable to byproduct mate- 
rial, as defined in section lie. (2) of this Act, shall affect 
the authority of the Administrator under the Clean Air 
Act of 1970, as amended, or the Federal Water Pollution 
Control Act. as amended.". 

(b) The table of contents for chapter 19 of the Atomic 
Energv Act. is amended by inserting the following new 
item after the item relating to section 271 : 
"Sec. 275. Health and environmental standards for uranium tail- 



ATJTH0RIZATI0N OF APPROPRIATION FOR GRANTS 



Sec. 207. There is hereby authorized to be appropri- 
ated for fiscal year 1980 to the Xuclear Reoulatorv Com- 



239 

mission not to exceed $500,000 to be used for making 
grants to States which have entered into agreements with 
the Commission under section 274 of the Atomic Energy 
Act of 1954, to aid in the development of State regulatory 
programs under such section which implement the provi- 
sions of this Act. 

EFFECTIVE DATE 

Sec. 208. Except as otherwise provided in this title the *l£; sc - 2 ° 14 
amendments made by this title shall take effect on the 
date of the enactment of this Act. 

CONSOLIDATION OF LICENSES AND PROCEDURES 

Sec. 209. The Nuclear Regulatory Commission shall ^ t £ SC ' 2113 
consolidate, to the maximum extent practicable, licenses 
and licensing procedures under amendments made by this 
title with licenses and licensing procedures under other 42 n s c 2011 
authorities contained in the Atomic Energy Act of 1954. note." 

TITLE III— STUDY AND DESIGNATION OF 
TWO MILL TAILINGS SITES IN NEW MEXICO 

STUDY 

Sec. 301. The Commission, in consultation with the At- 42 usc " 794L 
torney General and the Attorney General of the State of 
New Mexico, shall conduct a study to determine the ex- 
tent and adequacy of the authority of the Commission 
and the State of New Mexico to require, under the Atomic 
Energy Act of 1954 (as amended by title II of this Act) 42 u.s.c 2021. 
or under State authority as permitted under section 274 
of such Act or under other provision of law, the owners 
of the following active uranium mill sites to undertake 
appropriate action to regulate and control all residual 
radioactive materials at such sites to protect public health, 
safety, and the environment: the former Homestake-New 
Mexico Partners site near Milan, New Mexico, and the 
Anaconda carbonate process tailings site near Bluewater, confess 
New Mexico. Such study shall be completed and a report 
thereof submitted to the Congress and to the Secretary 
within one year after enactment of this Act, together with 
such recommendations as may be appropriate. If the 
Commission determines that such authority is not ade- 
quate to regulate and control such materials at such sites 
in the manner provided in the first sentence of this sec- 
tion, the Commission shall include in the report a state- 
ment of the basis for such determination. Nothing in this 
Act shall be construed to prevent or delay action by a 
State as permitted under section 274 of the Atomic En- 
ergy Act of 1954 or under any other provision of law or 
by the Commission to regulate such residual radioactive 
materials at such sites prior to completion of such study. 



240 

DESIGNATION BY SECRETARY 

42 u.s.c. 7942. Sec. 302. (a) Within ninety days from the date of his 
receipt of the report and recommendations submitted by 
the Commission under section 301, notwithstanding the 
limitations contained in section 101 (6) (A) and in section 
115(a), if the Commission determines, based on such 
study, that such sites cannot be regulated and controlled 
by the State or the Commission in the manner described 
in section 301, the Secretary may designate either or both 
of the sites referred to in section 301 as a processing site 
for purposes of title I. Following such designation, the 
Secretary may enter into cooperative agreements with 
New Mexico to perform remedial action pursuant to such 
title concerning only the residual radioactive materials 
at such site resulting from uranium produced for sale to 
a Federal agency prior to January 1, 1971, under contract 
concessional w * tn sucn agency. Any such designation shall be sub- 
committees, mitted by the Secretary, together with his estimate of 
the cost of carrying out such remedial action at the desig- 
nated site, to the Committee on Interior and Insular 
Affairs and the Committee on Interstate and Foreign 
Commerce of the House of Representatives and to the 
Committee on Energy and Natural Resources of the 
Senate. 

(b) (1) No designation under subsection (a) shall take 
effect before the expiration of one hundred and twenty 
calendar days (not including any day in which either 
House of Congress is not in session because of an adjourn- 
ment of more than three calendar days to a day certain or 
an adjournment sine die) after receipt by such Com- 
mittees of such designation. 

(c) Except as otherwise specifically provided in sub- 
section (a) , any remedial action under title I with respect 
to any sites designated under this title shall be subject 
to the provisions of title I (including the authorization of 
appropriations referred to in section 112(b) ). 

Approved November 8, 1978. 
Legislative History : 

House Report No. 95-1480, Pt. I (Comm. on In- 
terior and Insular Affairs) and Pt. II (Comm. on 
Interstate and Foreign Commerce). 
Congressional Record, Vol. 124 (1978) : 
Oct. 3, considered and passed House. 
Oct. 13, considered and passed Senate, 
amended. 

Oct. 14, House concurred in Senate amend- 
ment with amendments. 

Oct. 15, Senate concurred in House amend- 
ment. 



PART V 
APPENDIXES 



APPENDIX 1 



Index to Energy Reorganization Act of 1974, as Amended 

Administrators : Subject Section 

(See Energy Research and Development Administration Agencies, 

other. ) 
( See Federal agencies. ) 

Annual authorization acts 111 

Appropriations : 

Provisions under act 305a. b 

Transfer of, under act 302a 

Armed Forces : 

See military services. 

Assets : 

Transfer of, under act 302a 

Atomic Energy Act of 1954 : 

Repeal of sections 21 and 22 104a 

Atomic Energy Commission : 

Abolishment of 104a 

Function of. transferal 310c, h 

Lapses of positions 301a 

Licensing and regulatory function separation 2c 

Officers and functions of. transferal 104b. c, d 

Officials of, final orders and actions of 301g 

Savings clauses 301b 

Suits against, lack of effects of act on 301d, e, f 

Transfer of functions and personnel to NRC 201f, g 

Transfer of personnel and other matters 302a 

Atomic Safety and Licensing Appeal Board : 

Transfer to NRC 201g 

Atomic Safetv and Licensing Board Panel : 

Transfer to NRC 201g(l) 

Automobiles : 

R. & D. on alternative power for 104g 

Bequests : 

Authorizations concerning 107f 

Budget and Accounting Procedures Act of 1950 : 

Functions and programs transferred subject to 302a 

Bureau of Mines : 

Fossil fuel research of, transferal to ERDA 104c 

Coal Research. Office of : 

Transferal to ERDA 104e 

Comptroller General Audit : 

Applicability under act 306a 

Congress : 

Information for, ERDA requirement for 308 

Presidential report to, on Government energy reorganization 109a 

Report to, on abnormal occurrences 208 

Report to, on effectiveness of licensing and regulatory activities 306b 

Report to, on helium energy applications 104e 

Report to, on nuclear energy center site survey 207a (4) 

Report to, on need for security Agency for safeguards 204c 

Contracts : 

Transfer of, under act 302a 

Copyrights : 

Acquisition of 107d 

(243) 



244 

Council on Environmental Quality : Section 

Report to, on nuclear energy site survey 207a (4) 

Definition : 

Used in act * 304 

Domestic safeguards report 209d 

Electric power : 

Transmission of, research of underground 104e 

Employee protection 210 x 

Complaint filing and notification 210b x 

Investigation and notification 210(2) (A) x 

Litigative costs 210e * 

Notice and hearing 210(2) (A) x 

Review 210c x 

Settlement 210(2) (A) x 

Energy : 

Development priorities 2e 

Energy development : 

International development officer 102h 

Energy Research and Development Administration : 

Administrative personnel and their pay 106a 

Administrator, conditions for appointment 102a 

Administrator, consultation with SBA 2d 

Administrator, deputy, appointment 102b 

Administrator, responsibilities 103 

Administrators, assistant, appointment 102d 

Administrators of, Senate confirmation 102a, b, c, d 

Advisory boards establishment, authorization 106g 

Components, functions, transfers to 104b, c, d, e, f, g 

Congressional mandate 2b 

Contracts and agreements of 107a 

Cooperation with Office of Nuclear Regulatory Research 205c 

Copyright acquisition 107d 

Delegation of functions 105c 

Employee service at remote locations 107c 

Employment of noncitizens 106h 

Employment, temporary, transportation and per diem 106e 

Establishment 2b, 101 

Executive pay rates 310 

Experts and consultants of 106b 

Facilities and real property of 107b 

Field offices 105e 

General counsel, appointment 102e 

Gifts and bequests, authorizations concerning 107f 

Information dissemination 107e 

Information to congressional committees 308 

Interior Department functions, transferal of 104e 

International cooperation officer 102h 

Military application director, appointment 102g 

Military application division, transferal to 104d 

Military application of, study of possible DOD transfer 307b 

Military personnel use by 106c 

Naval reactor division, transferal to 104d 

Policies, standards, procedures, regulations of 105a 

Policy planning and program evaluation 105b 

Offices, in order of succession 102i 

Officers 102a, b, c, d, e, t g 

Organization 105d 

Patent acquisition 107d 

Personnel of other agencies, use of lOGf 

R. & D. activities of 107a 

Report to President of, on goals, plans and priorities 307a 

Restricted data of, study for possible transfer to DOD 307b 

Safety programs of, no limitations on 205d 

Seal of 105f 

Transfer of funds 809 

Working capital fund establishment 105g 

1 2d sec. 210 added to act. 



245 

Energy Reorganization Act or* 1974 : Section 

Effective date and interim appointments - 312a 

Environmental Protection Agency : 

Cooperation with ERDA 10 

R. & D. on automotive power of, transferal 104g 

Equal Employment Action provisions 201h 

Equal employment opportunity report 209c 

ERDA : 

(See Energy Research and Development Administration.) 
FACA : 

(See Federal Advisory Committee Act.) 
Federal Advisory Committee Act : 

Provisions effecting advisory groups 106g 

Federal Energy Administration Act 109b 

Federal agencies : 

(See also State agencies and specific Federal agencies.) 

Consultation with . — 104i 

Cooperation on nuclear energy center site survey 207a (1) 

Cooperation with Office of Nuclear Regulatory Research 205c 

Energy organization in, future reorganization 109a 

Environmental efforts of, coordination 11$ 

Information supplied to ERDA 105h 

Personnel of, use by ERDA 106f 

Providing of information and research services to NRC 205e 

Functions : 

Definition of, under act 304 

General Advisory Committee : 

Transferal to ERDA 104d 

Geothermal power : 

NSF development in, transferal 104f 

Gifts : 

Authorizations concerning 107f 

Helium : 

Energy applications of, report on 104e 

Information : 

Dissemination 107e 

International cooperation : 

(-See Energy Research and Development Administration.) 
Liabilities : 

Transfer of, under act 302a 

Licensing functions : 

(See Nuclear Regulatory Commission.) 
Liquid metal fast breeder reactor : 

Demonstration. NRC authority for 202(1) 

Military application : 

(See Energy Research and Development Administration.) 
Military Liaison Committee : 

Transferal to ERDA 104d 

Military services : 

Personnel from, restrictions as administrator 102a 

Personnel serving in ERDA 106c7d 

Mines, Bureau : 

(See Bureau of Mines.) 
Monitoring : 

(See radiation monitoring.) 
National Science Foundation : 

Energy research of 104f 

Naval Reactor Division : 

(See Energy Research and Development Administration.) 
Noncompliance : 

(See Nuclear Regulatory Commission.) 
NSF : 

(See National Science Foundation.) 



246 

Nuclear energy center sites : Section 

Definition 207a (2) 

Survey of, availability of report !___ 207a (4) 

Survey of, coverage 207a (3) 

Survey of, requirement to make 207a (1) 

Survey of, solicitation of views 207a (1) 

Nuclear Materials : 

(See aso Office of Nuclear Material Safety and Safeguards.) 

Accountability for 204b 

Licensing and regulation of 204b 

Nuclear power industry : 

Regulation of, appropriations concerning 305b 

Nuclear powerplants : 

Components for, noncompliance of regulations 206a 

Demonstration, NRC authority for 202(2) 

Licensing and regulation of 203a 

Nuclear Regulatory Commission : 

(See also Office of Nuclear Materials Safety and Safeguards, Office 
of Nuclear Reactor Regulation and Office of Nuclear Regulatory 
Research. ) 

Abnormal occurrence reports of, issuance frequency 208 

Chairman's responsibilities 201a 

Commission members, appointment 201b 

Commission members of, Presidential removal 201e 

Commission members of, prohibitions about outside activities 201e 

Commission members of, submission of appointments to Senate 201d 

Commission members of, term of office 201c 

Commission members of, votes 201a 

Establishment and staffing 201a 

Executive director of, appointment 209a 

Executive director of, functions 209b 

Executive pay rates 310 

Inspection and enforcement authorizations 206d 

Licensing functions 202 

Noncompliance penalties 206b 

Officers of, other 209c 

Regulations of, noncompliance penalties 206b 

Regulations of, posting of requirements 206c 

Regulatory functions 202 

Report to President and Congress on all aspects of nuclear power- 
plants 307c 

Research of, recommendations 203b, 204b 

Seal of 201a 

Spokesman for 201a 

Transfer of AEC functions and personnel 201f. g 

Nuclear Safety and Licensing Commission Report to Congress 306b 

Office of Coal Research : 

Transferal to ERDA 104e 

Office of Management and Budget : 

Authorization permitted under act 303 

Office of Nuclear Material Safety and Safeguards : 

Establishment and designation of head 204a 

Functions : 204b 

Office of Nuclear Reactor Regulation : 

Establishment and designation of head ~ 203a 

Functions 203b 

Office of Nuclear Regulatory Research : 

Cooperation of Federal agencies with 205c 

Establishment and designation of head 205a 

Functions 205b 

Other Government agencies : 
(See Federal agencies.) 
Patent Compensation Board: 

Transferal to ERDA 104d 



247 

Patents: Section 

Acquisition 107d 

Pay: 

Executive, amendments concerning 310 

Personnel : 

Appointments prior to effective date of act 312b 

Executive, amendments of pay rates for 310 

Executive, transfer and compensation under act 302c 

Separability 311 

Sex discrimination of, prohibition 401 

Transfer of, no loss of pay or reduction in grade 302b 

Transfer of, under act 302a 

Plutonium : 

Shipment restrictions 201a 

President : 

Appointments by 102a, b, c, d 

Functions of, no restrictions in act to limit 301h 

Interim appointments by 312b 

NRG commissioners removal by 201e 

Report to, on helium energy applications 104e 

Report to Congress on energy organization in Federal Government 109a 

Property : 

Transfer of, under act 302a 

Purpose of act 2a 

Radiation monitoring : 

Upgrading of systems for, responsibility 203b 

Radioactive wastes : 

High-level storage of, NRG authority on 202(3) 

Retrievable surface storage facilities for, NRC authority on 202(4) 

Records : 

Transfer of, under act 302a 

Regulatory functions : 

(See Nuclear Regulatory Commission.) 
Research and development : 

{See Energy Research and Development Administration and Office of 
Nuclear Regulatory Research.) 
Research services : 

Providing to NRG of, by Federal agencies 20oe 

Restricted data : 

(See Energy Research and Development Administration.) 
Sabotage : 

Prevention of, licensing and regulation for 204b 

Safeguards : 

{See also Office of Nuclear Material Safety and Safeguards.) 

Licensing and regulation 0930 °0ib 

Research '___ ' 9()5f 

Security agency for, report to Congress on 204c 

Unresolved safety issues plan 210 

Safeguards report, domestic "__ oj]^ 

Scientific information : 

Dissemination 20-j- e 

Security agency : 

Establishment, need, report to Congress <>04c 

Separability " 311 

Sex discrimination : 

Prohibition of 



Shipping 



401 



Plutonium, restrictions o niQ 

Short title of act ~ """""'"""' 1 

Small business : 

Participation in energy research 2 <1 

Solar energy : " 

Development priority o 

NSF R. & D. on heating by, transferal _. J1—ZH~ 104f 



248 

Special nuclear materials : Section 

Transportation of, evaluation of methods 203b 

State agencies : 

Cooperation in nuclear energy center site survey 207a (1) 

Technical information : 

Dissemination 107e 

Providing to NEC by Federal agencies 205e 

Title, short : 

Of act 1 

Utilities : 

Regulations concerning, noncompliance 206a 

Vendors : 

Supplying of nuclear powerplant components by, noncompliance of reg- 
ulations 206a 

Wastes : 

(See radioactive wastes.) 



APPENDIX 2 



Index to Atomic Energy Act of 1954, as Amended 



Subject 
Acquisition of — Beotlon 

Material, property, equipment, and facilities 161e 

Production facilities 43 

Real property, or facility or plant 261 

Source material 66 

Special nuclear material 55 

Acting Chairman: 

Commission 21 

Administrative procedure. {See Judicial review and administrative pro- 
cedure.) 

Administrative Procedure Act 181 

Advisory Committee on Reactor Safeguards 29, 182b 

Agencv, Government: 

Denned 111 

Jurisdiction 271 

Licensing of 273 

' ' Person' ' lis 

Agency of the United States denned 11a 

Agent, legal, as "person" lis 

Agreement for cooperation: 

Byproduct materials 82 

Commission recommendation 123a 

Denned lib 

Department of Defense recommendation 123a 

Facilities 103, 1C4 

International Atomic Pool 124 

Joint Committee on Atomic Energy 123c 

Presidential approval 123b 

Procedure on agreements, for mutual defense purposes 123d 

Production of special nuclear material 57b 

Restricted data 144 

Source material 64 

Special nuclear material 53, 54 

Aggregate indemnity 1 70c-e 

Allied commandants 125 

Allocation of insurance and indemnity funds 1 70o 

Analysis, theoretical llx 

Applicability of Federal Power Act 272 

Appropriations, necessity of authorization for 261 

Army, Navy, and Air Force, Departments of, representatives assigned to 

Military Liaison Committee 27b 

Army, Navy, or Air Force officers: 

Division of Military Application, serving as Assistant General Man- 
ager for 28 

Military Liaison Committee, serving as Chairman of 28 

Artificial enrichment 11 aa 

Assistant General Manager 24c 

Association as "Person" lis 

(249) 



3S-93S— 79 17 



250 

Subject 
Atomic energy: Section 

Denned lie 

Demonstration of practical value 31a, 102, 104b 

Development of — 

Research assistance 31 

Research by the Commission 32 

Research by the Commission for others 33 

Licenses: 

Antitrust provisions 105 

Classes of facilities 106 

Commercial licenses 103 

Component and other parts of facilities 109 

Exclusions 110 

Finding of practical value 102 

License required 101 

Medical therapy and research and development 1 04 

Operators' licenses 107 

W ar or national emergency 108 

Military application 91 

Weapons utilizing lid 

Atomic Energy Commission. (See Commission.) 

Atomic pool, international 124 

Atomic Safety and Licensing Board 191 

Atomic weapon: 

Classification as defense information 142 

Declassification 142 

Defined lid 

Design Hi 

Effects, communication to another nation 144b 

Manufacture 11 u 

Patents prohibited 151 

Presidential approval 91a, 91b 

Production by Commission 91a 

Prohibitions on manufacture, possession 92 

Research by Commission 91a 

Transfer to Department of Defense 91b 

Attorney General: 

Antitrust violations 1 05b 

Approval of criminal actions 221c 

Approval of real estate title 174 

Notification of proposed license 105c 

Authorization : Cooperative programs 261 

Authorization of appropriations: 

Necessity for 261 

Restoration or replacement of plant 261 

Substituted construction project 261 

Berlin, cooperation with 125 

British sector 125 

Byproduct material : 

Defined lie 

Domestic distribution 81 

Acquire 81 

Applicant preference 81 

Authorization to issue licenses 81 

Common defense and security 81 

Export 81 

Health and safety 81 

Import 81 

Interstate commerce 81 

Manufacture 81 

Own 81 

Prices 81 

Produce 81 

Possess 81 

Safety standards 81 

Transfer 81 






251 

Subject 
Byproduct material — Continued 

Foreign distribution : Section 

Authority to license others 82c 

Charges 82b 

Common defense and security 82b 

Cooperation with other nations 82a 

Persons outside the United States 82b 

Reports 82b 

Canal Zone 1 lbb 

Chairman of Commission 21 

Civil penalties 234 

Class of facility 106 

Commercial leases : Inequities and undue hardships 161 e 

Commission : 

Acquisition of production facilities 43 

Authority 43 

Common defense and security 43 

Payments 43 

Acting Chairman 21 

Agreements for Cooperation 53, 54, 64, 82, 103, 104, 123, 124, 144 

Authority to expose materials 42 

Chairman : 

Designation by President 21 

Spokesman for Commission 21 

Contract authority: 

Acquisition of production facilities 43 

Acquisition of source materials 66 

Acquisition of special nuclear material 55 

Agreements for cooperation, lib, 53, 54, 64, 82, 103, 104, 123, 124, 144 

Contract practices 165 

Disposition of energy 44 

Electric-utility contracts 164 

Employee investigations 145 

General authority 161 

No subsidy 169 

Opera tion of production facilities 41 

Inventions conceived during contracts 152 

Presidential exemption 162 

Public lands — source materials 68 

Research assistance 31 

Defined 11 

Determination that other material in special nuclear material 51 

Determination that other material is source material 61 

Disposition of energy 44 

Divisions, offices, and positions, establishment within 25 

Directors 25a 

General Counsel 25b 

Inspection Division 25c 

Military Application, Division of 25a 

Established. 21 

General Authority. (See General authority.) 

General Counsel 25 

General Manager, establishment of 24 

Location of principal office 23 

Members 21, 22 

Access to information 21 

Appointment by the President 22a 

Business, vocation, or employment other than serving as member 22b 

Citizenship 21 

Removal by President 22a 

Terms __. 22 

Military Application, Division of: 

Army, Navy, or Air Force officers, serving as Assistant Gen- 
eral Manager of 28 

General or flag officer, rank of 25a 

Pay and allowances 28 

Reimbursement of Defense Department for pay and 

allowances 28 



252 

Subject 
Commission — Continued 
Members — Continued 

Military Liaison Committee: Section 

Chairman, appointment of 27a 

Defense Department, authority of 27b 

Establishment of 27 

Functions 27b 

Representatives of Departments of the Army, Navy, and 

Air Force, assignment to 27b 

Office in District of Columbia 23 

Principal office in or near District of Columbia 23 

Owned community 161r 

Ownership and operation of facilities for production of special nu- 
clear material 41a, 41b 

Patent licenses 156 

Quorum _ 21 

Research and development. 31 

Action in the interest of common defense and security 31b 

Activities, exercise of powers to insure continued conduct of 31a 

Partial and advance payments 31c 

Use of facilities and equipment- 31c 

Research by _ _ 32 

For others. 33 

Charges, determination of 33 

Source material. (See Source material.) 

Special nuclear material. (See Special nuclear material.) 

Commissioner of Patents 151d, 152 

Common defense and security 1, 

2, 3, llv, lice, 43n, 55, 57c, 61, 63b, 69, 91b, 103b, 103d, 
104a,104b, 104c, 104d, 108, 109, 123, 140, 142, 143, 144, 145. 

Denned llg 

Communication of restricted data: 

Agreement not to disclose 145 

Criminal sanctions 224 

Investigation of personnel 145 

Other nations 144 

Compensation for private property acquired: 

Attorney General approval of title 174 

Property acquired by purchase or donation 174 

Condemnation of real property 172 

Just compensation 171 

Determination of unsatisfactory compensation 171 

Right to sue 171 

Patent application disclosures 173 

Communication of restricted data to other nations 173 

Just compensation 173 

Compensation, special nuclear material distributed abroad 4c 

Component part llr, llv, 1159 

License for , 10c 

Condition: 

Indemnification agreement 170 

License — Financial protection 17Ca 

Congress, report to 251 

Construction permits 185 

"License" includes 185 

Contempt proceedings 233 

Contracts : 

Acquisition of production facilities 43 

Acquisition of source materials 66 

Acquisition of special nuclear material 55 

Agreements for cooperation lib, 53, 54, 64, 82, 103, 104, 123, 124, 144 

Conflicts of interest 170A 

Contract practices 165 

Disposition of energy 44 



253 

Subject 
Contracts — Continued Section 

Electric utility contracts 164 

Employee investigations 145 

General authority 161 

Long-term utility contract 161u 

No subsidy 169 

Operation of production facilities 41 

Inventions conceived during contracts 152 

Presidential exemption 162 

Producing or enriching of special nuclear material 161 v 

Public lands — source materials 68 

Research assistance 31 

Controls of a facility, manipulate llr 

Control of information 1 41-146 

Cooperation with Berlin , 125 

Cooperation with other nations 53, 54, 64, 82a, 103, 104, 123, 144 

Cooperation with States 274 

Corporation as "person" lis 

Defense, Department of: 

Agreement for cooperation 123, 144 

Authority of, in connection with Military Liaison Committee 27b 

Classification of restricted data 142 

License not needed 110 

Participation in control of information 143 

Reimbursement of, for pay and allowances of Assistant Gen- 
eral Manager for Military Application 28 

Transfer of weapons, materials to 91 

"Defense information" defined llh 

Restricted data protectable as 142d 

Definitions : 

Agency of the United States 11a 

Agreement for cooperation lib 

Atomic energy lie 

Atomic weapon lid 

Byproduct material lie 

Commission llf 

Common defense and security llg 

Defense information llh 

Design Hi 

Extraordinary nuclear occurrence llj 

Financial protection Ilk 

Government agency 111 

Indemnitor 11m 

International arrangement lln 

Joint committee Ho 

Licensed activity lip 

Nuclear incident llq 

Operator lis 

Person llr 

Person indemnified lit 

Produce llu 

Production facility llv 

Public liability Hw 

Research and development llx 

Restricted data lly 

Source material llz 

Special nuclear material llaa 

United States llbb 

XJtili zation facility lice 

Demonstration of practical value: 

Commission research 31 

Energy, sale by Commission 44 

Finding 102 

License for facility 104b 



254 

Subject 
Department of Defense: Section 

Agreements for cooperation 123, 144 

Assistant General Manager for Military Application, reimbursement 

for pay and allowances 28 

Atomic weapons, transfer to 91 

Classification of restricted data on atomic weapons 142 

Declassification of restricted data on atomic weapons 142 

License, not required ^ 110 

Manufacture atomic weapons or utilization facility 91 

Military Liaison Committee 27 

Special nuclear material, transfer to 91 

Deputy General Manager 24b 

"Design" denned Hi 

Design of atomic weapons lly 

Determination of source material 61 

Determination of special nuclear material 51 

Device llx 

Director of Central Intelligence 142e 

Disposition of electric energy 44 

District of Columbia, maintenance by Commission of office within 23 

Principal office of Commission in or near 23 

Divisions offices, and positions, establishment within Commission 25 

Domestic distribution of byproduct material 81 

Domestic distribution of source material 63 

Domestic distribution of special nuclear material 53 

Charges 53c, 53d 

Licenses 53a, 53e 

Donation, special nuclear material distribution abroad 54 

Electric power 271 

Agency jurisdiction 271 

-Commission-owned community 16 lr 

Excess sale of 44 

Utility contracts 164 

"Emergency assistance payments 170m 

Enforcement: 

Communication of restricted data 224 

Contempt proceedings 233 

Disclosure of restricted data 227 

General provisions 221 

Action by Attorney General 221c 

In vesti gation of suspected violations 221b 

Unlawful dissemination of restricted data 221a 

Injunction proceedings 232 

Other laws 235 

Receipt of restricted data 221 

Statute of limitations 228 

Tampering with restricted data 226 

Violations of sections generally 223 

Violations of specific sections 222 

Engage in production of special nuclear material 57b 

Enriching services 1 61 v 

Entity, political, within State as "person" __. .-. Us 

Equipment 1 1 v 

Estate as "person" Us 

Executive branch - - 1 1 a 

Executive department 111 

Executive management position 25d 

Experimental production H x 

Experimentation - H x 

Exploration H x 

Extraordinary nuclear occurrence: 

Commission determination Hj 

Denned Hj 

Federal jurisdiction _ 1 70n 

Waiver of defenses ~- - — 170n 



255 

Subject 
Facility: Section 

Class of _ - 106 

Component and other parts of 109 

License 103, 104 

"Production" denned llv 

"Utilization" denned lice 

Federal Bureau of Investigation: Investigations 145d-f, 221b 

Federal Power Act, applicability of _ 272 

Federal Radiation Council 274h 

Federal Republic of Germany 125 

Financial protection: 

Amount required 170b, 170d 

Denned Ilk 

Firearms : 

Commission authorize employees to carry 161k 

Firm lis 

Foreign distribution of byproduct material. __ 82 

Source material 64 

Special nuclear material 54 

Foreign government lis 

Foreign purchases 1611 

Free competition in private enterprise 1 

French sector 125 

General authority of Commission: 

Advisory committees 163 

Claim settlements 167 

Payment for loss 167 

Comptroller General audit 166 

Advertising 166 

Examination of book?, documents, papers, and records 166 

Concessions 161e 

Contract practices 165 

Reimbursement of Federal income taxes 185 

Contracts 162 

Exemption of specific action by President 162 

Electric utility contracts 164 

Cancellation costs 164 

Contracts submitted to Joint Committee 164 

New contracts 164 

General provisions 161 

Acquisition of buildings and facilities 161e 

Advisory boards 161a 

Amending rules and regulations 161q 

Assignment and training of employees 161n 

Common defense and security 161b 

Compensation of officers and employees 161d 

Delegation of authority 161n 

Disposition 161 j 

Firearms 161k 

Foreign purchases of source materials 1611 

Health and safety 161i 

Just compensation 161m 

Real and personal property 161g 

Reports and records 161o 

Single application 161h 

Studies and investigations 161c 

Use of personnel-. 161f 

No subsidy 169 

Payments in lieu of taxes 168 

General Counsel, Office of, establishment within Commission 25b 

General Manager, establishment within Commission 24 

General welfare 1 

Germany, Federal Republic of 125 

Government agency - lis 

Denned ill 

Licensing of _ 273 



256 

Subject Section 

Group lis 

Guaranteed purchase prices for plutonium and U a38 56 

Guaranteed purchase prices, Joint Committee review 58 

Guaranteed purchase price period, Joint Committee review 58 

Hazard, financial protection 170b, 170d 

Health and safety of the public 2, 

3, llr, llv, llx, lice, 31a, 31c, 53b, 53e, 63b, 81, 103b, 104a, 
104b, 104c, 161b, 161i, 161p, 182a 
Indemnification agreement: 

Contractors 170d 

Fee __ _ 170f 

Licensees 1 70a 

Nonprofit educational institutions 170k 

NS Savannah 1701 

Terms 170b, c 

Waiver of defenses „ 170n 

Indemnitor 11m, 170m-o 

Individual as "parson" H 8 

Inequities: Commercial leases 161e 

Information, control of: 

Classification and declassification of restricted data 142 

Defense information 142d 

Determination 142a 

Military utilization 1 42c 

Other nations 142e 

Review _ 142b 

Communication to other nations __ 144 

Department of Defense participation 143 

Classification of restricted data as defense information 142 

Common defense and security 143 

Declassification of restricted data 142 

Employees access to restricted data 143 

Director of Central Intelligence 142e 

General provisions 146 

Dissemination of information 146b 

Provisions of other laws 146a 

International cooperation 144 

Authority of President 144b 

Communication of restricted data 144a 

Design or fabrication of weapons 144a, 144b 

Investigation of character, associations, and loyalty 145 

Policy 141 

Dissemination of technical and scientific information 141b 

International safeguards 141a 

Restrictions 145 

Access to restricted data 145a, 145b 

Action consistent with national interest 145b 

Civil Service Commission investigation 45a , 1 45b 

Common defense and security 145a 

Findings of questionable loyalty 145c 

Investigations by Federal Bureau of Investigation in lieu of Civil 

Service Commission 145d 

Members of Commission certifying type of investigation 145e 

National disaster 145g 

Standards and specifications as to extent of investigations 145f 

Information respecting, relating to, or affecting the national defense llh 

Injunction proceedings 232 

Inspection Division, establishment within Commission 25c 

Institution, public or private lis, 31a 

International activities: 

Atomic pool 124 

Authorization of President 124 

Nonmilitary applications of atomic energy _- 124 



257 

Suljeot 
International activities — Continued Beotion 

Cooperation with other nations 123 

Approval by President 123b 

Byproduct material 82 

Commission recommendations 123 

Department of Defense recommendations 123 

Facilities 103,104 

Proposed agreement submitted to Joint Committee 123c 

Proposed agreement submitted to President 123a 

Restricted data 144 

Source material 64 

Special nuclear material 53, 54 

Effect of international arrangements 121 

Policies contained in international arrangements _- 122 

International agreement, see — 

Agreement for cooperation lib 

International arrangement lln 

"International arrangement" defined lln 

International Atomic Energy Agency: Special nuclear material 54 

International cooperation 3,54,64,82,103,104,121,122,123,124,144 

Inventions. (See Patents and inventions.) 

Investigative findings llx 

Irradiation of material 42 

Joint Committee Abolished 301 

Information and Assistance to Congressional Committees 303 

Transfer of Functions 302 

Judicial review and administrative procedure : 

Administrative Procedure Act 181-189 

Appeals to courts 189 

Applications. (See License applications.) 

Construction permits 185 

Completion dates 185 

Completion of construction 185 

Expiration of permit 185 

Filing of additional information 185 

Continued operation of facilities 188 

Continued operation of production facility 188 

Just compensation 188 

Public convenience and necessity 188 

General _ _._ 181 

Administrative Procedure Act 181 

Defense information 181 

Restricted data 181 

Hearings and judicial review 189 

Final order subject to judicial review 189b 

Request for hearing 1 89a 

Inalienability of licenses 184 

Assign 184 

Dispose of 184 

Transfer 184 

License applications. 182 

Application in writing 182a 

Common defense and security 182a 

Conflicting applications 1 82d 

Financial qualifications 1 82a 

Generation of commercial power. 182d, 182c 

Oath or affirmation 1 82a 

Preference areas 1 82d 

Published notice 1 82c 

Qualifications 1 82a 

Modification of license 187 

Revision and conditions 187 

Parallel procedures 181 

Revocation __ 186 



258 

Subject 
Judicial review and administrative procedure — Continued Section 

False statements 1 86a 

Provisions of Administrative Procedure Act 186b 

Recapture of special nuclear material 186c 

Terms of licenses 183 

Rights conferred 183b 

Recapture _ 183d 

Terms and conditions 183 

Transfer 183c 

Jurisdiction, agency 271 

Jurisdiction over special nuclear material 57c 

Lands belonging to the United States, operations on 67 

Leases or permits for prospecting 67 

Legal agent as "person" lis 

Legal representative as "person" lis 

Legal successor as "person" lis 

Licensed activity defined lip 

Licenses: 

Applications 182 

Inalienability of 184 

Modification of 187 

Temporary operating 192 

Terms of 183 

Licenses — Atomic energy, utilization and facility: 

Antitrust provisions 105 

Revocation 105a 

Situation inconsistent with antitrust laws 105c 

Suspension 105a 

Violation of law 105b 

Classes of facilities 106 

Defining activities 1 06b 

Designating amounts of material 108c 

Groups of facilities 106a 

Commercial licenses 103 

Acquire 103a 

Common defense and security 103b 

Corporations owned by: 

Alien _ _ _. 103d 

Foreign corporation 103d 

Foreign government 103d 

Health and safety _. 103b 

Import or export. _ _ 103a 

Issuance for specified period 103c 

Manufacture 103a 

Nonexclusive basis 1 03b 

Possess 103a 

Produce 103a 

Renewal 103c 

Safety standards 103b 

Transfer 103a 

Component and other parts of facilities 109 

Export 109 

Unreasonable risk 109 

Exclusions 110 

Commission 110a 

Department of Defense 110b 

Export licenses: 

Procedure 126, 128 

Criteria 127, 128 

Conduct resulting in license termination 129 

Congressional review 130 

Distribution by the Department of Energy 111 

Subsequent arrangements 131 



259 

Subject 
Licenses — atomic energy utilization and facility — Continued Section 

Finding of practical value (footnote 47a) 102 

Finding in writing. 102 

Industrial or commercial purposes 102 

Medical therapy and research and development 104 

Activities not under jurisdiction of United States 104d 

Authorization _ 1 04a 

Common defense and security 104a 

Industrial or commercial purposes 104b 

Other activities 104c 

Operators' licenses 107 

Qualifications of individuals 107b 

Suspension 107d 

Uniform conditions 1 07a 

Public hearing and judicial review 189 

.Required 101 

Acquire 101 

Export 101 

Import 101 

Interstate Commerce 101 

Possess _ 101 

Produce .__ 101 

Transfer 101 

War or national emergency 108 

Authorization to suspend 108 

Entry to plants 108 

Just compensation 108 

Recapture of material 108 

Licensing of Government agencies 273- 

Limitation of liability 2i, 170e 

Make special nuclear material 110 

Manipulate 1 1 r 

Manufacture of atomic weapons lly 

Manufacture of special nuclear material llu 

Members of Commission 21, 22 

Appointment by the President 22a 

Business, vocation, or employment other than serving as member 22b 

Military Application, Division of 28 

Army, Navy, or Air Force officers, serving as Assistant General 

Manager of 28 

General or flag officer, rank of 25a 

Pay and allowances 28 

Reimbursement of Defense Department for pay and allowances 

of 28 

Establishment within Commission 25a 

Military application of atomic energy 91 

Authority 91 

Department of Defense 91 

Presidential directive 91b 

Production of weapons.- 91a 

Prohibition 92 

Research and development 91a 

Military Liaison Committee: 

Army, Navy, or Air Force officers serving as Chairman of 28 

Pay and allowances 28 

Army, Navy, and Air Force, representatives of Departments of, 

assignment to 27b 

Chairman, appointment of 27a 

Defense Department, authority of 27b 

Establishment within Commission 27 

Military utilization of special nuclear material 151 

Mutual defense 144 

New Mexico, retrocession to State of 291 

Nonmilitary utilization of patents and inventions m 153 



260 

Subject Section 

Nonnuclear research by AEC _. 33 

Nuclear fission lie 

Nuclear incident: 

Allocation of funds 170o 

Defined _ _ llq 

Emergency assistance payments 170m 

Report to Joint Committee 1701 

Nuclear transformation lie 

Office of Commission 23 

"Operator" defined. _ _ llr 

License 107 

Ownership and custody of certain byproduct material and disposal sites.. 83 

Partnership lis 

Patent application disclosures 173 

Patents and inventions: 

Commission patent licenses _ 156 

Standard specifications 156 

Compensation, awards, and royalties 157 

Eligibility __. 157b 

Patent Compensation Board 157a 

Standards 157c 

Conceived during Commission contracts 152 

Commission waiver of claim 152 

False material statements 152 

Filing with Commissioner of Patents 152 

Hearings before Board of Patent Interferences 152 

Federally financed research 159 

Assignment to United States 159 

Injunctions 154 

Measure of damages 154 

Power to stay, restrain, or enjoin 154 

Royalty fee determination 154 

Military utilization __ _ 151 

Commission access applications 151 d 

Just compensation 151b 

Report to Commission 151c 

Revocation 151a 

Monopolistic use 158 

Royalty fee __ 158 

Violation of antitrust laws 158 

Nonmilitary utilization 153 

Applicable date 153h 

License for other purposes than application 153f 

License for use of invention or discovery 153c 

Nonexclusive patent license 153b 

Notification of hearing - 153d 

Opportunity for hearing _ 153a 

Reasonable royalty fee 153g 

Prior art _ 155 

Saving clause -- 160 

Reinstatement 160 

Patents, Commissioner of 151d, 152 

Patent Compensation Board -- 157a 

Peaceful uses 1, 3 

"Person" defined Us 

Person indemnified: Defined lit 

Political entity within a State Us 

Political subdivision of State Us 

Possess or transfer special nuclear material __ 57a 

Possessions of the United States - Hbb 

Practical application 11* 



261 

Subject 
President: Beotion 

Appointment of Chairman of Military Liaison Committee 27 

Appointment of Commissioners 21 

Approval of agreement for cooperation 123b 

Assent to new source material 61 

Assent to new special nuclear material 51 

Authorize communication of restricted data 144 

Consent to Commission production of weapons 91a 

Designates Chairman of Commission 21 

Removal of Commissioner 22 

Waiver of contract statutes 162 

Principal office of the Commission, location 23 

Private institution lis 

Private insurance, financial protection 170b 

Private property acquired, compensation for. (See Compensation.) 

"Produce' ' defined llu 

Produce special nuclear material llu 

Producing or enriching special nuclear material, contracts for 161v 

"Production facility" defined llv 

Program divisions, establishment within Commission 25a 

Prohibition — Special nuclear material 57 

Property, transfer of 241 

Public institution lis 

Public liability: Defined llw 

Radiation lie 

Radioactive material lie 

Refine special nuclear material llu 

Regional Defense Organization lib 

Reporting: 

Inventions 151c 

Report to Congress 251 

Reporting of source material 65 

Representative, legal lis 

Reprocessing agreements 161m 

Research: 

By the Commission _ 32 

For others 33 

Nonnuclear 33 

Federally financed 159 

Research and development activities, exercise of powers by the Commis- 
sion to insure continued conduct of 31a 

Health and safety 31a 

Industrial and commercial purposes 31a 

Nuclear processes 31a 

Special nuclear material and radioactive material, utilization for: 

Agriculture 31a 

Biological 31a 

Health.. 31a 

Medical 31a 

Military __ _._ 31a 

Theory and production of atomic energy 31a 

"Research and development" defined llx 

Restricted data: 

Access to 145 a, b 

Classification 142 

Control _ _ 141 

Declassification 142 

Defined lly 

Department of Defense access to 143 

Disclosure of. - 224, 227 

International cooperation 144 

Tampering with _ 226 

Transclassification 142 d, e 

Unlawful dissemination 221a 

Unlawful receipt 225 



262 

Subject /section 

Scientific and industrial progress 3a 

Scientific and technical information, dissemination 3b 

Seal of the Commission 21 

Sectors, United States, British, and French ~ 125 

Senate, Berlin 125 

Separability of provisions 281 

Service and process of papers on Commission 23 

Short title ~ ~ 291 

Source material: 

Acquisition 66 

Acquiring interest in real property 66 

Common defense and security 66 

Guaranteed prices 66 

Just compensation 66 

Rights of entry 66 

Commission, determination of 61 

Findings 61 

Joint Committee resolution _ 61 

Defined llz 

Domestic distribution 63 

Charges, determination of 63c 

Criteria for issuance of licenses 63b 

Licenses for distribution 63b 

Medical therapy 63a 

Research and development activities 63a 

Foreign distribution 64 

Authorization 64 

Determination 64 

License for transfer required 62 

Unimportant quantities 62 

Operations on lands belonging to the United States 67 

Lands for national park, monument, and wildlife purposes 67 

Leases or permits for prospecting 67 

Prohibition 69 

Common defense and security 69 

Deliver 69 

Export 69 

Import 69 

Receive 69 

Transfer 69 

Public lands 68 

Benefits from confidential information 68a 

Mining claims located under mining laws of the United States 68c 

Subrogation 68b 

Reporting 65 

Authorization 65 

Unimportant quantities 65 

Special nuclear material [production of] — 

Acquisition of production facilities 43 

Acquire 43 

Authority 43 

Condemn 43 

Defense and security 43 

Payments 43 

Requisition 43 

Compensation for foreign distribution 54 

Criteria for grant 53c 

Criteria for waiver of use charge 53c 

Defined Haa 

Determination of other material 51 

Assent by President 51 

Finding 51 

Joint Committee resolution 51 

Donation in foreign distribution 54 



263 

Subject 
Special nuclear material production of — Continued Section 

Domestic distribution 53 

Authority to issue licenses 53a 

Charges - 53 c, d 

Conditions of license 53e 

Criteria for issuance of license 53b 

Determination of charges 53 c, d 

Distribution for independent research 53f 

Grants 53c 

Leases 53c 

Sales 53c 

Electric energy — 

Disposition 44 

Preference and priority 44 

Prices 44 

Sale 44 

Transfer 44 

Enrichment and production services, by Commission 161v 

Export 53a 

Foreign distribution 54 

Authority 54 

Group of nations _< 54 

Guaranteed purchase prices for plutonium and U-233 56 

Joint Committee review 58 

Import 53a 

International agreements for control of 3c 

International Atomic Energy Agency 54 

Irradiation. _ __ 42 

Make llu 

Manufacture llu 

Operation of Commission facilities 41b 

Authorization 67 

Common defense and security 67 

Contracts 41b 

Inspection 41b 

Reports 41b 

Safety and security 41b 

Other production facilities 41c 

Ownership 53a 

Ownership of facilities 41a 

Produce llu 

Production llu 

Prohibition 57 

Common defense and security 57c 

Engage in production 57b 

Persons not under jurisdiction of United States 57c 

Unlicensed activities 57a 

Purchase of foreign-produced special nuclear material 54 

Refine llu 

Special nuclear material — 

Acquisition of 55 

Authority to condemn 55 

Authority to purchase 55 

Certification of action 55 

Common defense and security 55 

Payments 55 

Repurchase of special nuclear material sold 53, 54 

Sales prices 53c 

Sales to certain reactor operators 53c 

Separate llu 

Use __ _ _ lice 

Utilization 31a 

Waiver of charge: Joint Committee review 58 

"Waiver of charge in cooperative programs 261 



264 

Subject BecUon 

Standard of living _ 1 

State, or political subdivision lis 

States, Cooperation with 274 

Statute of limitations 228 

Subdivision, political, of State lis 

Subpena power 161c 

Enforcement 233 

Successor, legal lis 

Territories of the United States llbb 

Theoretical analysis llx 

Thorium 11 z 

Transfer of property 241 

Transfer or receive special nuclear material 57a 

Treaty (see International arrangement) lln 

Trust lis 

Undue hardship: Commercial leases 161e 

"United States" denned llbb 

United States sector 125 

Uranium 11 aa 

Uranium enriching services 161v 

Utilities 161r 

"Utilization facility" defined lice 

Utilization of atomic weapons lice 

Violations 222, 223 

Waiver of charge for use of special nuclear material: 

Criteria 58 

In cooperative programs 261 

Waiver of defenses 170n 

War or national emergency — suspension of licenses 108- 

Weapon lid 

Weapon prototype lid 

Weapon test device lid 

Workmen's compensation 11 w 

World peace 1 



APPENDIX 3 



Index to Legislative History of the Atomic Energy Act or 1954 

and Amendments 

Public Law 83-703— H.R. 9757 

To amend the Atomic Energy Act of 1946, as amended, and for other purposes 

(Page references are to Congressional Record, 83d Cong., 2d sess.) 

Mr. Cole of New York ; Joint Committee on Atomic Energy, 9414. 

Reported (H. Rept. 2181), 10303. 

Made special order (H. Res. 630), 11438. 

Debated, 11655. 

Passed House, 12024. 

Amended and passed Senate (in lieu of S. 3690) , 12242. 

House disagrees to Senate amendments and asks for a conference, 12438. 

Conferees appointed, 12438. 

Senate insists on its amendments and agrees to a conference, 12380. 

Conferees appointed, 12380. 

Conference report (No. 2639) submitted in House and agreed to, 13056. 

Conference report submitted in Senate and rejected, 14338. 

Senate insists upon its amendments and asks a further conference, 14364. 

Conferees appointed, 14364. 

House agrees to further conference, 14628. 

Conferees appointed, 14628. 

Conference report (No. 2666) submitted in House and agreed to, 14852. 

Conference report submitted in Senate and agreed to, 14603. 

Examined and signed, 15097, 15305. 

Presented to the President, 15558. 

Approved (Public Law 703), 15564. 

Companion bill— S. 3690 

Mr. Hickenlooper, from Joint Committee on Atomic Energy (S. Rept. 1699), 9260. 

Ordered placed on the calendar, 9260. 

Objected to, 9737. 

Debated, 10364, 10368, 10465, 10478, 10479, 10480, 10513, 10552, 10568, 10589, 10594, 
10606, 10674, 10685, 10691, 10700, 10722, 10725, 10746, 10766, 10792, 10838, 10842, 
10883, 10891, 11011, 11021, 11028, 11044, 11157, 11165, 11184, 11208, 11319, 11362, 
11373, 11385, 11404, 11417, 11509, 11527, 11547, 11552, 11577, 11778, 11818, 11860, 
11877, 11881, 11899, 11913, 11932, 11934, 11938, 11945, 11948, 11953, 11970, 11977, 
12001, 12132, 12193, 12204. 

Indefinitely postponed (H.R. 9757 passed in lieu), 12242. 

Prior bill— H.R. 8862 
Mr. Cole of New York ; Joint Committee on Atomic Energy, 5251. 

Prior bill— S. 3323 
Mr. Hickenlooper ; Joint Committee on Atomic Energy, 5258. 

Public Law 84-337— H.R. 7684 

To authorize the Atomic Energy Commission to pay the salary of a Commissioner 
during the recess of the Senate, and for other purposes 

(265) 
38-938—79 18 



266 

( Page references are to Congressional Record, 84th Cong., 1st Bess. ) 

Mr. Durham ; Joint Committee on Atomic Energy, 11942. 

Reported (H. Rept. 1552), 11940. 

Passed House, 12147. 

Passed Senate (in lieu of S. 2671), 12253. 

Examined and signed, 12591, 12745. 

Presented to the President, 13076. 

President returns bill pursuant to House Concurrent Resolution 196, 13072. 

Examined and signed, 12963, 13077. 

Presented to the President, 13079. 

Approved (Public Law 337), 13081. 

Companion bill— S. 2671 

Mr. Anderson ; from Joint Committee on Atomic Energy ( S. Rept 1198) , 11753. 

Ordered placed on the calendar, 11753. 

Passed Senate, 12231. 

Vote reconsidered, 12231. 

Indefinitely postponed (H.R. 7684 passed in lieu), 12253. 



Public Law 84-722— H.R. 11926 

To amend the Atomic Energy Act of 1954, to permit the negotiation of commercial 
leases at atomic energy communities, and for other purposes 

(Page references are to Congressional Record, 84th Cong., 2d sess.) 

Mr. Dempsey ; referred to Joint Committee on Atomic Energy, 9883. 

Reported (H. Rept. 2431), 9882. 

Passed House, 9937. 

Received in Senate and referred to Joint Committee on Atomic Energy, 9989. 

Reported (S. Rept. 2384), 10118. 

Objected to, 10453. 

Passed Senate, 10606. 

Examined and signed, 10857, 10930. 

Presented to President, 11064. 

Approved (Public Law 722), 11745. 



Public Law 84-1006— S. 4203 

To amend the Atomic Energy Act of 1954, as amended, and for other purposes 

Amends sections 11a, 31, 161 of the Atomic Energy Act of 1954, as amended, 
adds new sections 229, 230, and 231, and adds perfecting amendment to several 
sections of the Atomic Energy Act. 

(Page references are to Congressional Record, 84th Cong., 2d sess.) 

Mr. Anderson ; reported from Joint Committee on Atomic Energy (S. Rept. 2530), 

11091. 
Objected to, 11624. 
Passed Senate, 12062. 

Passed House ( in lieu of H.R. 12215) , 13599. 
Examined and signed, A6459. 
Presented to President, A6460. 
Approved (Public Law 1006), A6462. 

Companion bill— H.R. 12215 

Mr. Durham ; referred to Joint Committee on Atomic Energy, 11424. 

Reported (H. Rept. 2695), 11424. 

Laid on table and S. 4203 passed in lieu, 13599. 



267 

Public Law 85-14— H.R. 5866 (71 Stat. 11) 

To amend the Atomic Energy Act of 1954, as amended, and for other purposes 

Provides that the President may authorize the Atomic Energy Commission 
i;o enter into an agreement for cooperation with the Federal Republic of Ger- 
many on behalf of Berlin. 

(Page references are to the Congressional Record, 85th Cong., 1st sess.) 

Mr. Cole; Joint Committee on Atomic Energy, 3535. 

Reported (H. Rept. 228), 4444. 

Passed House, 4434. 

Referred to Joint Committee on Atomic Energy, 4461. 

Committee discharged and passed Senate, 4750. 

Examined and signed, 4829, 4951. 

Presented to the President, 5002. 

Approved (Public Law 85-14), 6125. 

Companion bill — S. 1549 

Mr. Pastore ; Joint Committee on Atomic Energy, 3434. 
Reported (S. Rept. 191), 4464. 
Indefinitely postponed, 4750. 

Public Law 85-79— S. 2243 (71 Stat. 274) 

To amend the Atomic Energy Act of 1954, as amended, and for other purposes 

Amends section 261 with respect to authorization of appropriations. 

(Page references are to the Congressional Record, 85th Cong., 1st sess.) 

Mr. Anderson ; Joint Committee on Atomic Energy, 8573. 

Reported with amendments (S. Rept. 437), 9071. 

Amended and passed Senate, 9635. 

Rules suspended, passed House, 10150. 

Examined and signed, 10308, 10402. 

Presented to the President, 10370. 

Approved (Public Law 85-79), 10931. 

Companion bill— H.R. 7992 

Mr. Durham of North Carolina ; Joint Committee on Atomic Energy, 8564. 
Reported with amendments (H. Rept. 571), 9225. 
Laid on the table, 10150. 



Public Law 85-162— H.R. 8996 (71 Stat. 403) 

To authorize appropriations for the Atomic Energy Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purposes 

Amends section 161 of Atomic Energy Act of 1954. 

(Page references are to the Congressional Record, 85th Cong., 1st sess.) 

Mr. Durham ; Joint Committee on Atomic Energy, 13221. 

Reported (H. Rept. 978), 13533. 

Made special order, 14102. 

Debated, 

Amended and passed House, 14261. 

Ordered placed on Senate Calendar, 14315. 

Objected to, 14389. 

Amended and passed Senate, 15057. 

Senate insists on its amendment and asks for conference, 15057. 

Conferees appointed, 15057. 

House disagrees to Senate amendment and agrees to a conference, 15182. 

Conferees appointed, 15182. 



268 

Conference report submitted in Senate and agreed to, 15310, 15314. 
Conference report submitted in House and agreed to, 15387. 
Examined and signed, 15367, 15503. 
Presented to tbe President, 15544. 
Approved (Public Law 85-162), 16511. 

Companion bill — S. 2674 

Mr. Anderson ; Joint Committee on Atomic Energy, 13091. 
Reported (S. Kept. 791), 13424. 
Objected to, 13587, 14377. 
Debated, 14913, 15002, 15032. 
Indefinitely postponed, 15057. 

Public Law 85-177— H.R. 8992 (71 Stat. 453) 

To provide for the appointment of representatives of the United States in the 
organs of the International Atomic Energy Agency, and to make other provi- 
sions with respect to the participation of the United States in that Agency, 
and for other purposes 

Amends section 54 of the Atomic Energy Act of 1954. 
(Page references are to the Congressional Record, 85th Cong., 1st sess.) 

Mr. Price, of Illinois ; Joint Committee on Atomic Energy, 13220. 

Reported (H. Rept. 960) ; 13220. 

Made special order (H. Res. 390), 14102. 

Debated, amended, and passed House, 14106. 

Ordered placed on Senate Calendar, 14171. 

Amended and passed Senate, 14228. 

House disagrees to Senate amendment and asks for conference, 14617. 

Conferees appointed, 13272. 

Senate insists upon its amendments and agrees to conference, 14710. 

Conferees appointed, 14710. 

Conference report submitted in Senate and agreed to, 15178. 

Conference report submitted in House and agreed to, 15369. 

Examined and signed, 15367, 15503. 

Presented to the President, 15544. 

Approved (Public Law 85-177), 16512. 

Companion bill— S. 2673 

Mr. Pastore ; Joint Committee on Atomic Energy, 13091. 
Introduced and reported (S. Rept. 778), 13091. 
Ordered placed on the Calendar, 13091. 
Objected to, 13584. 
Indefinitely postponed, 14229. 

Public Law 85-256— H.R. 7383 (71 Stat. 576) 

To amend the Atomic Energy Act of 1954, as amended, and for other purposes 

Provides for a program of Government indemnification and limitation of lia- 
bility, and establishes an Advisory Committee on Reactor Safeguards. 

(Page references are to the Congressional Record, 85th Cong., 1st sess.) 

Mr. Price, of Illinois ; Joint Committee on Atomic Energy, 6722. 

Reported (H. Rept. 435), 6721. 

Made special order, 10704. 

Passed House (debate started), 10710. 

Ordered placed on Senate Calendar, 10757. 

Objected to, 10979, 13553, 14376. 

Amended and passed Senate, 15057. 



269 

House concurs, 15182. 
Examined and signed, 15271, 15406. 
Presented to the President, 15678. 
Approved (Public Law 85-256), 16783. 

Companion bill— S. 2051 

Mr. Anderson ; Joint Committee on Atomic Energy, 6655. 

Reported (S. Kept. 296), 6655. 

Ordered placed on Senate Calendar, 6655. 

Objected to, 7379, 10975, 13553. 

Indefinitely postponed, 15057. 

Public Law 85-287— H.R. 8994 (71 Stat. 612) 

To amend the Atomic Energy Act of 1954, as amended, to increase the salaries 
of certain executives of the Atomic Energy Commission, and for other purposes 

Increases the salaries of certain executives of the Atomic Energy Commission 
and authorizes the Commission to establish certain additional executive posi- 
tions and advisory committees. 

(Page references are to the Congressional Record, 85th Cong., 1st sess.) 

Mr. Durham, of North Carolina ; Joint Committee on Atomic Energy, 13220. 

Reported (H. Rept. 977), 13533. 

Passed House, 15969. 

Ordered placed on Calendar, 16000. 

Passed Senate, 16496. 

Examined and signed, 16659, 16779. 

Presented to the President, 16782. 

Approved (Public Law 85-287), 16784. 

Companion bill— S. 2672 

Mr. Anderson ; Joint Committee on Atomic Energy, 13091. 
Reported (S. Rept. 790), 13424. 
Objected to, 13587, 14377, 15290. 
Debated, 15624. 



Public Law 85-479— H.R. 12716 

Amends sections 91, 92, 123, and 144 of the Atomic Energy Act of 1954, as 
amended, to provide for greater exchange of military information and material 
with allies. 

(Page references are to the Congressional Record, 85th Cong., 2d sess.) 

H.R. 10348 introduced by Mr. Durham (by request). January 29, 1958. Referred 
to Joint Committee on Atomic Energy, 1305. 

H.R. 11426 introduced by Mr. Durham (by request). March 13, 1958. Referred 
to Joint Committee on Atomic Energy, 4369. 

H.R. 12716 introduced by Mr. Durham as "clean bill." May 28, 1958. Referred 
to Joint Committee on Atomic Energy, 9768. 

Reported (H. Rept. 1849) on June 5, 1958, 30344. 

Made special order (H. Res. 596, H. Rept. 1893). June 17, 1958, 11777. 

Passed House. June 19. 1958, 11788. 

Amended and passed Senate. June 23, 1958, 11940. 

Senate insists on amendments, requests conference, and conferees appointed 
June 23, 1958, 11941. 

House disagrees to Senate amendments, agrees to conference and appointed con- 
ferees. June 24, 1958, 12108. 

Conference Report 2051 filed in House and agreed to. June 27, 1958, 12559. 

Conference report agreed to in Senate. June 30, 1958, 12586. 

Examined and signed, 12746, 12870. 



270 

Presented to the President, 12993. 

Approved as Public Law 85-479. July 2, 1958, 13014. 

Companion bill— S. 3912 

S. 3165 introduced by Senator Pastore (by request). January 27, 1958. Referred 

to Joint Committee on Atomic Energy, 1149. 
S. 3474 introduced by Senator Pastore (by request). March 13, 1958. Referred 

to Joint Committee on Atomic Energy, 4308. 
S. 3912 introduced as "clean bill" by Senator Pastore (for himself and Senator 

Hickenlooper). May 27, 1958. Referred to Joint Committee on Atomic Energy, 

9537. 
Reported (S. Rept. 1654) . June 5, 1958, 10233. 

Amendments intended to be offered by Senator Anderson, June 19, 1958, 11674. 
Passed over, 11906. 
Debated, 11926. 
Indefinitely postponed. (H.R. 12716 passed in lieu). June 23, 1958, 11941. 



Public Law 85-602— S. 4165 

Amends subsection 11 o. and adds a new subsection 170 1. pertaining to indem- 
nity agreement for the NS Savannah. 

(Page references are to the Congressional Record, 85th Cong., 2d sess.) 

S. 3106 introduced by Senator Magnuson (for himself and Senator Bricker). 

July 23, 1958. Referred to the Senate Committee on Interstate and Foreign 

Commerce, 774. 
Reported (S. Rept. 1341) without amendment and with the recommendation that 

bill be re-referred to the Joint Committee on Atomic Energy. March 3, 1958, 

3185. 
S. 3106 re-referred to the Joint Committee on Atomic Energy. March 8, 1958, 3185. 
S. 4165 introduced by Senator Anderson. July 21, 1958. Referred to the Joint 

Committee on Atomic Energy, 14336. 
Reported (S. Rept. 1883). July 22, 1958, 14537. 
Passed Senate. July 28, 1958, 15233. 
Rules suspended, passed House. July 29, 1958, 15458. 
Examined and signed, 15609, 15661. 
Presented to the President, 15728. 
Approved as Public Law 85-602. August 8, 1958. 

Companion bill— H.R. 13456 

H.R. 13309 introduced by Mr. Price. July 7, 1958. Referred to the Joint Committee 

on Atomic Energy, 13105. 
H.R 13456 introduced by Mr Price. July 18, 1958. Referred to the Joint Committee 

on Atomic Energy, 14322. 
Reported (H. Rept. 2253). July 22, 1958, 14668. 
Indefinitely postponed (S. 4165 passed in lieu). July 28-29, 1958, 15458. 



Public Law 85-681— H.R. 13482 

Amends sections 53, 68, 123, 145, 161, and 166 of the Atomic Energy Act of 1954, 
as amended (AEC "Omnibus Bill" of 1958). 

(Page references are to the Congressional Record, 85th Cong., 2d sess.) 

H.R. 12603 introduced by Mr. Holifield (amends sec. 68; incorporated as sec. 3 

of Public Law 85-681). May 21, 1958. Referred to Joint Committee on Atomic 

Energy, 9246 
H.R. 13120 introduced by Mr. Durham (by request). June 25, 1958. Referred to 

Joint Committee on Atomic Energy, 12264. 
H.R. 13482 introduced by Mr. Durham as a "clean bill." July 21, 1958. Referred 

to Joint Committee on Atomic Energy, 14524. 



Reported (H. Kept. 2272). July 24, 1958, 15026. 

Rules susi>ended, passed House. July 29, 1958, 15486. 

Ordered placed on Senate Calendar. July 30, 1958, 15564. 

Passed Senate. August 5, 1958, 16188. 

Examined and signed, 16479, 16487. 

Presented to the President, 16766. 

Approved as Public Law 85-681. August 19, 1958, 16933. 

Companion bill— S. 4166 

S. 3881 introduced by Senator Anderson. May 22, 1958. Referred to Joint Com- 
mittee on Atomic Energy, 9265. 

S. 4048 introduced by Senator Anderson (by request). June 24, 1958. Referred to 
Joint Committee on Atomic Energy, 12061. 

S. 4166 introduced by Senator Anderson as "clean bill." July 21, 1958. Referred 
to Joint Committee on Atomic Energy, 14366. 

Reported ( S. Rept. 1944) . July 24, 1958, 14855. 

Indefinitely postponed (H.R. 13482 passed in lieu). August 5, 1958, 16189. 



Public Law 85-744— H.R. 13455 

Amends section 170 of the Atomic Energy Act of 1954, as amended, by adding 
new subsection k with respect to indemnity agreements for nonprofit educational 
activities. 

(Page references are to the Congressional Record, 85th Cong., 2d sess.) 

H.R. 13190 introduced by Mr. Price. June 27, 1958. Referred to Joint Committee 
on Atomic Energy, 12567. 

H.R. 13455 introduced by Mr. Price as "clean bill." July 18, 1958. Referred to 
Joint Committee on Atomic Energy, 14322. 

Reported (H. Rept. 2250). July 22, 1958, 14668. 

Rules suspended, passed House. July 29, 1958, 15457. 

Amended and passed Senate. August 5, 1958, 16187. 

Senate insists on amendments, requests conference and conferees appointed, 
16188. 

House disagrees to Senate amendments, agrees to conference, and conferees ap- 
pointed. August 6, 1958, 16398. 

Conference Report 2585 filed in House. August 13, 1958, 17479. 

Conference Report 2585 agreed to in House. August 14, 1958, 17640. 

Conference Report 2585 agreed to in Senate. August 14, 1958, 17569. 

Examined and signed, 17750. 

Presented to the President, 38378. 

Approved as Public Law 85-744. August 23, 1958, 17569. 

Companion bill— S. 4164 

S. 4069 introduced by Senator Anderson. Referred to Joint Committee on Atomic 

Energy. June 27, 1958, 11263. 
S. 4164 introduced by Senator Anderson. Referred to Joint Committee on Atomic 

Energy. July 21, 1958, 13063. 
Reported (S. Rept. 1882). July 22, 1958, 13261. 
Indefinitely postponed (H.R. 13455 passed in lieu). August 5, 1958, 14834. 



Public Law 86-43— S. 1197 

Amends section 251 of the Atomic Energy Act of 1954, as amended, to provide 
for the submission by the Atomic Energy Commission of an annual rather than 
a semiannual report to Congress. Report to be submitted in January of each 
year. 

(Page references are to the Congressional Record, 86th Cong., 1st sess.) 

S. 1197 introduced by Senator Anderson and referred to the Joint Committee on 
Atomic Energy. February 26, 1959, 2978. 



272 

Reported (S. Rept. 230). April 27, 1959, 6752. 

Passed Senate. April 29, 1959, 6982. 

Passed House. June 2, 1959, 9587. 

Examined and signed. June 3, 1959, 9671, 9755. 

Presented to the President. June 3, 1959, 9695. 

Approved (Public Law 86-43). June 11, 1959, 10617. 

Companion bill— H.R. 5104 

Introduced by Mr. Durham and referred to the Joint Committee on Atomic 

Energy. March 2, 1959, 3177. 
Reported (H. Rept. 327). April 29, 1959, 7106. 
Identical bill (S. 1197) passed in lieu of. June 2, 1959, 9587. 



Public Law 86-300— S. 2569 (AEC Omnibus Bill of 1959) 

Amends section 161 m. of the Atomic Energy Act of 1954, as amended, to 
authorize the AEC to enter into agreements for the performance by the Com- 
mission of certain services, including the reprocessing of irradiated fuel ele- 
ments for material licensees (reactor manufacturers and fuel suppliers) as well 
as with facility licensees (reactor operators and utilities) as previously author- 
ized. 

Amends section 163 of the Atomic Energy Act of 1954, as amended, to pro- 
vide, in substance, that members of the General Advisory Committee and other 
AEC advisory committees will not be subject to certain conflict-of-interest stat- 
utes solely because of compensation received from nonprofit educational insti- 
tutions. 

(Page references are to the Congressional Record, 86th Cong., 1st sess.) 

S. 2569 introduced by Senator Anderson and referred to the Joint Committee on 

Atomic Energy. August 19, 1959, 16306. 
Hearings: Full committee, August 26, 1959. Published under title of "Bills to 

Amend Sections 91, 161 and 163 of the Atomic Energy Act and Authorization 

of the Stanford Accelerator Project." 
Reported with amendments (S. Rept. 871). September 1, 1959, 17469. 
Passed Senate. September 9, 1959, 18732. 
Passed House. September 11, 1959, 19168. 
Examined and signed. September 12, 1959, 19443 
Examined and signed by the Speaker, September 14, 1959, 19748. 
Presented to the President. September 14, 1959, 1966S. 
Approved (Public Law 86-300). September 21, 1959, 19689. 

Companion bill— H.R. 8754 

H.R. 8754 introduced by Mr. Durham and referred to the Joint Committee on 

Atomic Energy. August 20, 1959, 16621. 
Reported with amendments (H. Rept. 1124). September 2, 1959, 17799. 
S. 2569 passed in lieu of H.R. 8754. September 11, 1959, 19168. (H.R. 8754 not 

considered.) 

Public Law 86-373— S. 2568 

To amend the Atomic Energy Act of 1954, as amended, by adding a new section 
274 with respect to cooperation with States 

(Page references are to the Congressional Record, 86th Cong., 1st sess.) 

S. 1987 introduced by Senator Anderson (by request) and referred to JCAE. 
May 19, 1959, 8379. 

Hearings: Full committee, May 19, 20, 21, and 22, 1959. Published under title 
of "Federal-State Relationships in the Atomic Energy Field." 

Also: Joint Committee Print, "Selected Materials on Federal-State Relation- 
ships in the Atomic Energy Field." 



273 

S. 2568 introduced by Senator Anderson and referred to JCAE. "Clean bill" 

superseding S. 1987. August 18, 1959, 16306. 
Reported in Senate (with amendments) (S. Kept. 870). September 1, 1959, 

17469. 
Passed over in Senate on call of calendar as not properly calendar business. 

September 9, 1959, 18732. 
Considered in Senate. September 10, 1959, 18965, 1S966. 
Passed Senate by voice vote. September 11, 1959, 19042. 
Passed House. September 11, 1959, 19169. 

Examined and signed by President of Senate. September 12, 1959, 19443. 
Examined and signed by Speaker ; presented to President. September 14, 1959, 

19748, 19668. 
Approved by the President (Public Law 86-373.) September 23, 1959, 19690. 

Companion bill — H.R. 8755 

H.R. 7214 introduced by Mr. Durham (by request) and referred to JCAE. 

May 18, 1959, 8365. 
H.R. 8755 introduced by Mr. Durham as "clean bill" and referred to JCAE. 

August 20, 1959, 16621. 
Reported (with amendments) in the House (H. Rept. 1125). Committed to the 

Committee of the Whole House on the State of the Union. September 2, 1959, 

17799. 
Identical bill (S. 2568) passed in lieu of H.R. 8755. September 11, 1959. 



Public Law 87-206— H.R. 8599 

To amend various sections of the Atomic Energy Act of 1954, as amended, and 
the Euratom Cooperation Act of 1958, and for other purposes 

(Page references are t© Congressional Record, 87th Cong., 1st sess.) 

H.R. 7798 introduced by Mr. Holifield on June 21. 1961. 10166. 

Hearings : Subcommittee on Legislation, June 27 and 29. 1961. 

Hearings published under the title "AEC Omnibus Bill, 1961, and an Amendment 
to Section 170 of the Atomic Energy Act." 

H.R. S599 introduced on August 9, 1961, by Mr. Holifield as a clean bill super- 
seding H.R. 7798. 14260. 

Reported with amendment August 16. 1961 (H. Rept. Xo. 963), 15016. 

Rule susi>ended and H.R. 8599 passed House. August 22, 1961, 15512-16. 

Passed Senate in lieu of S. 2391. August 24, 1961, 15853-57. 

Examined and signed by Speaker of the House. August 28, 1961, 16187. 

Examined and signed by Acting President pro tempore of the Senate August 28, 
1961. 

Presented to the President August 29, 1961, 16332. 

Approved by the President September 6, 1961 (Public Law 87-206). 

Companion bill — S. 2391 

S. 2117 introduced by Senator Pastore and referred to Joint Committee on 
Atomic Energy June 21, 1961. 

Hearings : Listed above. 

S. 2391 introduced by Senator Pastore on August 9, 1961 as clean bill super- 
seding S. 2117. 

Reported in Senate on August 16. 1961. S. Rept. 722. 

S. 2391 postponed indefinitely and H.R. 8599 passed on lieu thereof on August 24, 
1961, 15S53-57. 



Public Law 87-456— H.R. 10607 

To amend the Tariff Act of 1930 and certain related laws to provide for the 
restatement of the tariff classification provisions, and for other purposes 

H.R. 10607 introduced by Mr. Mills (per Executive order) March 8, 1962. 
Reported from Ways and Means Committee March 10, 1962 (H. Rept. Xo. 1415). 



274 



Passed the House March 14, 1962. 

Referred in the Senate to Committee on Commerce. 

Reported from Commerce Committee April 2, 1962. 

Passed the Senate with amendments April 10, 1962. 

House agrees to Senate amendments May 9, 1962. 

Approved by the President May 24, 1962, as Public Law 87-456. 



Public Law 87-615— S. 3491 

To amend the Atomic Energy Act of 1954, as amended, and for other purposes. 
(AEC Omnibus bill of 1962) 

(Page references are to the Congressional Record, 87th Cong., 2d sess.) 

S. 3491 introduced by Senator Pastore on June 29, 1962, 11377. 

Hearings : Subcommittee on Research, Development and Radiation, April 10 and 
11, 1962, published under title of "Indemnity and Reactor Safety." Subcom- 
mittee on Legislation, April 17, 1962, published under title of "AEC Regulatory 
Problems." 

S. 3491 reported in Senate July 5, 1962 (S. Rept. No. 1677), 11851. 

S. 3491 considered by Senate on August 7, 1962, 14727-28. Passed as amended 
by voice vote. 

S. 3491 considered by House on August 15, 1962. Passed House in lieu of H.R. 
12336, 15513-17. 

Examined and signed by Speaker, August 16, 1962, 15670. 

Examined and signed by President of Senate, August 16, 1962, 15683. 

Presented to the President, August 17, 1962, 15894. 

Approved by the President on August 29, 1962. Public Law 87-615. 

Companion bill— H.R. 12336 

H.R. 12336 introduced June 27, 1962, by Mr. Holifield, 11137. 

Hearings: As listed above. 

H.R. 12336 reported in House July 5, 1962 (H. Rept. No. 1966), 11851. 



Public Law 88-72— S. 1745 

To authorize appropriations for the Atomic Energy Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purposes 

(Page references are to the daily editions of the Congressional Record, 88th 

Cong., 1st sess.) 

S. 1159, introduced March 21, 1963, by Senator Pastore (by request), 4389. 
Hearings: Subcommittee on Legislation, April 9, 10, and May 2, 1963. Published 

under title "AEC Authorizing Legislation Fiscal Year 1964." 
S. 1745. introduced June 19 by Senator Pastore as a "clean bill," superseding 

S. 1159, 10460. 
H.R. 7139 (companion bill), reported in House, June 21, 1963 (H. Rept. 446), 

10S09. 
S. 1745, reported in Senate, June 21, 1963 (S. Rept 303), 10673. 
S. 17 J 5, considered and passed in Senate by voice vote, 10929-32. 
S. 1745, considered and passed in House by voice vote, 11500-511. 
Examined and signed by President pro tempore of Senate, July 11, 11739. 
Examined and signed by Speaker of House, July 11, 11811. 
Presented to the President, July 11, 11741. 
S. 1745, approved by the President, July 22, as Public Law 88-72. 

Companion bill— H.R. 7139 

H.R. 5036, introduced March 21, 1963, by Mr. Holifield (by request), 4384. 

Hearings : As listed above. 

H.R. 7139, introduced June 19 as "clean bill" by Mr. Holifield, 10604. 






275 

Public Law 88-294— S. 2448 

To amend the Atomic Energy Act of 1954. (Amends sec. 202) 

(Page references are to the daily editions of the Congressional Record, 88th 

Cong., 2d sess.) 

S. 2448 introduced by Senator Pastore on January 22, 1964, 767. 

H.R. 9711 (companion bill) introduced by Mr. Holifield on January 22, 1964, 929. 

Senate Report filed ( S. Rept. No. 377) February 25, 1964, 3310. 

House Report filed (H. Rept. No. 1151) February 25, 1964, 3495. 

S. 2448 considered and passed in Senate February 26, 1964, 3550-51. 

H.R. 9711 passed over in House March 2, 1964, 3867 ; again on March 16, 1964, 

5113. 
S. 2448 considered (in lieu of H.R. 9711) and passed in House under Suspension 

of the Rules on March 16, 1964, 5115-17. 
Examined and signed by Speaker of the House, March 17, 1964, 5235. 
Examined and signed by President pro tempore of the Senate, March 17, 1964, 

5235. 
Presented to the President March 18, 1964, 5396. 
S. 2448 approved by the President March 26, 1964 as Public Law 8S-294. 

Companion Bill— H.R. 9711 

H.R. 9711 introduced by Mr. Holifield on January 22, 1964, 929. 

H.R. 9711 passed over in House March 2, 1964, 3867 ; again on March 16, 1964, 

5113. 
H.R. 9711 laid on table March 16, 1964, 5113. 



Public Law 88-394— S. 2963 

To amend the Atomic Energy Act of 1954, as amended, the Atomic Energy Com- 
munity Act of 1955, as amended, and the EURATOM Cooperation Act of 1958, 
as amended (AEC omnibus bill of 1964) 

(Page references are to the daily editions of the Congressional Record, 88th 

Cong., 2d sess.) 

S. 1795 introduced by Senator Pastore (by request) June 26, 1963, 11005. 

H.R. 7300 (companion bill) introduced by Mr. Holifield (by request) June 26, 

1963, 11152. 

Hearings : July 17, 1963, before Subcommittee on Legislation. 

S. 2816 introduced by Senator Pastore (by request) May 7, 1964, 10000. 

H.R. 11180 (companion bill) introduced by Mr. Holifield (by request) May 7, 

1964, 9997. 

Hearings : May 19, 1964, before Subcommittee on Legislation. 

S. 2963 introduced by Senator Pastore as "clean bill" to supersede S. 2816, 
June 29, 1964, 14884. 

H.R. 11832 (companion bill) introduced by Mr. Holifield as "clean bill" to super- 
sede H.R. 11180, June 29, 1964, 14884. 

Senate Report filed (S. Rept. No. 1128) June 29, 1964, 14884. 

House Report filed (H. Rept. No. 1525) , June 29, 1964, 14884. 

S. 2963 considered and passed in Senate July 8, 1964, 15554-S. 

S. 2963 considered and passed in House under Suspension of the Rules July 21, 
1964, 15933-S. 

Examined and signed by President pro tempore of the Senate July 23, 1964. 16115. 

Examined and signed by the Speaker of the House, July 22, 1964, 16016. 

Presented to the President, July 23, 1964, 16256. 

S. 2963 approved by the President August 1, 1964, as Public Law 88-391 

Companion bill— H.R. 11832 

H.R. 7300 introduced by Mr. Holifield (by request) June 26, 1963, 11152. 
H.R. 11180 introduced by Mr. Holifield (by request) May 7, 1964, 9997. 



276 

H.R. 11832 introduced by Mr. Holifield as "clean bill" to supercede HJL U180, 

June 29, 1964, 14884. 
Hearings : As listed above. 



Public Law 88-426— H.R. 11049 

To adjust the rates of basic compensation of certain officers and employees In 
the Federal Government, and for other purposes 

(Page references are to the daily editions of the Congressional Record, 
88th Cong., 2d sess.) 

H.R. 11049 introduced by Mr. Morrison and referred to House Post Office and 

Civil Service Committee. 
Reported in the House May 11, 1964 (H. Rept. No. 1388). 
Passed House June 11, 1964. 

Referred in Senate to Post Office and Civil Service Committee. 
Reported in the Senate June 26, 1964 (S. Rept. No. 1121). 
Passed Senate with amendment July 2, 1964. 
Senate asks for conference July 2, 1964. 
House agrees to conference July 30, 1964 (H. Res. 803). 
Conference report filed August 3, 1964 (Rept. No. 1647). 
House agrees to conference report August 4, 1964. 
Senate agrees to conference report August 4, 1964. 
Approved by the President August 14, 1964 (Public Law 88-426). 



Public Law 88-489 (S. 3075) 

To amend the Atomic Energy Act of 1954, as amended, and for other purpose* 
(Private Ownership of Special Nuclear Materials Act) 

(Page references are to the daily editions of the Congressional Record, 
88th Cong., 2d sess.) 

S. 1160 introduced by Senator Pastore (by request) March 21, 1963, 4389. 
H.R. 5035 (companion bill) introduced by Mr. Holifield (by request) March 21, 
1963, 4384. 

1963 Hearings held July 30, 31, and August 1, 1963 before Subcommittee on 
Legislation. 

1964 Hearings held June 9-11, 15, 25. 1964 before Subcommittee on Legislation. 
S. 3075 introduced by Senator Pastore as "clean bill" to supersede S. 1160, 

August 4, 1964, 17374. 

H.R. 12228 (companion bill) introduced by Mr. Holifield as "clean bill" to super- 
sede H.R. 5035, August 4, 1964, 17370-1. 

Senate Report filed (S. Rept. No. 1325) August 5, 196-1, 17374. 

House Report filed (H. Rept. No. 1702) August 5, 1964, 17370-1. 

S. 3075 considered and passed in Senate August 6, 1964, 17851-53. 

S. 3075 considered and passed in House under Suspension of the Rules August 
18, 1964, 19514-19. 

Examined and signed by Sneaker of the House August 19, 1964, 19736. 

Examined and signed by President pro tempore of the Senate August 20, 1964, 
19905. 

Presented to the President. August 21, 1964, 20281. 

Approved by the President August 26, 1964, as Public Law 88-489. 

Companion bill — H.R. 12228 

H.R. 5035 introduced by Mr. Holifield (by request) March 21, 1903. 

H.R. 12228 introduced by Mr. Holified as "clean bill" to supersede H.R. 5035, 

August 4, 1964, 17370-1. 
Hearings : As listed above. 



Public Law 89-135— H.R. 8856 
To amend section 271 of the Atomic Energy Act of 1954, as amended 

(Page references are to the daily editions of the Congressional Record, 
89th Cong., 1st sess.) 

H.R. 8843 introduced by Mr. Holifield and referred to JCAE. May 25, 1965, 11197. 
H.R. 8844 introduced by Mr. Hosmer and referred to JCAE, May 25, 1965, 11197. 
Hearings: May 27 and June 2, 1965, before Subcommittee on Legislation. 
H.R. 8856 introduced by Mr. Holifield as a "clean bill" and referred to JCAE, 

June 8, 1965, 12428. 
H.R. 8857 introduced by Mr. Hosmer as a "clean bill" and referred to JCAE, 

June 8, 1965, 12428. 
H.R. 8856 reported (H. Rept. 567). June 30, 1965, 14764. 
Motion to suspend House rules defeated. July 12, 1965, 15761. 
Passed House. July 29, 1965, 17992. 
Passed Senate. August 10, 1965, 19087. 

Examined and signed by the Speaker of the House August 11, 1965, 19252. 
Examined and signed by the President pro tempore of the Senate, August 12, 1965, 

1 9399. 
Presented to the President August 12, 1965, 19635. 
Approved as Public Law 89-135. August 24, 1965. 

Companion bill— S. 2103 

S. 2035 introduced by Senator Pastore (for himself and Senator Hickenlooper) 

and referred to JCAE. May 25, 1965, 11083. 
Hearings : As listed above. 
S. 2103 introduced by Senator Pastore (for himself and Senator Hickenlooper) 

and referred to JCAE. June 8, 1965, 12338. 
Rei>orted (S. Rept. 390). July 30, 1965, 14790. 
Indefinitely postponed (identical bill H.R. 8856 passed in lieu of). August 10, 

1965, 19087. 



Public Law 89-210— S. 2042 

To amend section 170 of the Atomic Energy Act of 1954, as amended 

(Page references are to the daily editions of the Congressional Record, 
89th Cong., 1st sess.) 

S. 2042 introduced by Senator Anderson and referred to JCAE, May 26, 1965, 

11392. 
Hearings : June 22-24, 1965, before Subcommittee on Legislation. 
Reported (S. Rept. 650). August 26, 1965, 21165. 
Passed Senate with technical amendments. August 31, 1965, 21461. 
Passed House as amended by Senate, September 16, 1965, 23179. 
Examined and signed by Vice President* and Speaker, 23429. 
Presented to the President, 23526. 
Approved as Public Law 89-210. September 29, 1965, D 982. 

Companion bill — H.R. 8496 

H.R. 8496 introduced by Mr. Price and referred to JCAE, May 26, 1965, 11300. 
Hearings : As listed above. 

Reported (H. Rept. 883). August 26, 1965, 21161. 

Indefinitely postponed (identical bill S. 2042 passed in lieu of). September 16, 
1965, 23180. 



*R. 2042 was inadvertently omitted In the Congressional Record on the list of Mils 
signed by the Vice President on September 17, 1965, p. 23349. This omission was cor- 
rected in the permanent Congressional Record. 



278 

Public Law 89-645— S. 3830 

To amend the Atomic Energy Act of 1954, as amended 

(Page references are to the daily editions of the Congressional Record, 

89th Cong., 2d sess.) 

S. 3548 introduced by Senator Anderson and referred to JCAE, June 23, 1966, 
13423, 13427. 

Hearings : July 19, 20, 21, 1966, before full Joint Committee on Atomic Energy. 
Published under title of "Proposed Amendments to Price-Anderson Act Relat- 
ing to Waiver of Defenses." 

S. 3830 introduced by Senator Anderson as a "clean bill" and referred to JCAE, 
September 14, 1966, 21622. 

Reported (S. Rept. No. 1605) September 16, 1966, 21851. 

Amended and passed Senate, September 22, 1966. 22691-22693. 

Passed House, September 30, 1966, 23662-23665 (in lieu of H.R. 17685). 

Examined and signed by the Speaker of the House October 3, 1966, 23974. 

Examined and signed by the President pro tempore of the Senate, October 4, 
1966, 24077. 

Presented to the President October 4, 1966, 24083. 

Approved as Public Law 89-645. October 13, 1966, 26235. 

Companion bill— H.R. 17685 

H.R. 15913 introduced by Mr. Price and referred to JCAE, June 23, 1966, 13367, 

13404. 
Hearings : As listed above. 
H.R. 17685 introduced by Mr. Price as a "clean bill' and referred to JCAE, 

September 13, 1966, 21564. 
Reported (H. Rept. No. 2043) September 15, 1966, 21619. 
Indefinitely postponed (identical bill S. 3830 passed in lieu of). September 30, 

1966, 23665. 

Public Law 90-190— S. 2644 

To amend the Atomic Energy Community Act of 1955, as amended, the Atomic 
Energy Act of 1954, as amended, and the EURATOM Cooperation Act of 1958, 
as amended (AEC omnibus bill of 1967) 

(Page references are to the daily editions of the Congressional Record, 90th 

Cong., 1st sess.) 

S. 2644 introduced as "clean bill" by Senator Pastore and referred to JCAE, 
November 9, 1967, S16147. 

Hearings on predecessor bills: August 11, 15, and 24, 1967, before the Subcom- 
mittees on Communities and Legislation. 

Published under title of "AEC Omnibus Legislation — 1967." 

Reported (S. Rept. 743) November 13, 1967. 

Considered and passed in Senate, November 15, 1967, S16493. 

Considered and passed in House, November 30, 1967, H16077-83; H16088 (in 
lieu of H.R. 13934 ) . 

Examined and signed by the Speaker of the House, December 4, 1967, H16287. 

Examined and signed by the Vice President, December 5, 1967, S17854. 

Presented to the President, December 6, 1967, S17984. 

Approved as Public Law 90-190, December 14, 1967, D1134. 

Companion bill— H.R. 13934 

H.R. 13934 introduced as "clean bill" by Mr. Holifield and referred to JCAE, 

November 9, 1967, H15055. 
Hearings : As listed above. 

Reported (H. Rept. 911) November 9, 1967, H15055. 
Indefinitely postponed (identical bill S. 2644 passed in lieu of). November 30 r 

1967, H16077-83 ; H16088. 



270 

Public Law 91-161— S. 3169 
To amend the Atomic Energy Act of 1954, as amended, and for other purposes 

(Page references are to the daily editions of the Congressional Record, 91st Cong., 

1st sess.) 

S. 3169 introduced as "clean" bill by Senator Pastore and referred to JCAE, 

November 21, 1969, S14825. 
Hearings : September 12, 1969, before full Joint Committee on Atomic Energy. 

Published under title of "AEC Omnibus Legislation — 1969." 
Reported (S. Rept. 91-533), November 24, 1969, S14903. 
Considered and passed in Senate, December 1, 1969, S15157. 
Considered and passed in House (Suspension of Rules), December 15, 1969, 

H12434 (in lieu of H.R. 14925). 
Examined and signed by the Speaker of the House, December 17, 1969, H126S6, 
Examined and signed by the Vice President, December 17, 1969, S16967. 
Presented to the President, December 19, 1969, S17333. 
Approved as Public Law 91-161, December 24, 1969. 

Companion Bill— H.R. 14925 

H.R. 14925 introduced by Mr. Holifield (for himself, Mr. Price, and Mr. Hosmer), 

and referred to JCAE, November 20, 1969, H11273. 
Hearings : As listed above. 

Reported (H. Rept. No. 91-691), November 24, 1969, H11355. 
Indefinitely postponed (identical bill S3169 passed in lieu of), December 15, 1969, 

H12434. 

Public Law 91-452— S. 30 
Relating to the control of organized crime in the United States 

(Page references are to the daily editions of the Congressional Record, 91st Cong., 

2d sess.) 

S. 30 introduced January 15, 1969, and referred to Committee on the Judiciary. 
Hearings : March 18, 19, 25, 26 ; June 3, 4, 1969, before Subcommittee on Criminal 

Laws and Procedures, Committee on the Judiciary. 
Reported (S. Rept. 91-617), January 23, 1970, with amendment. 
Considered and passed in Senate, January 23, 1970, S481, October 30, 1970, S17776. 
Hearings : May 20, 21, 27 ; June 10, 11, 17 ; July 23 ; August 5, 1970, before Sub- 

committee No. 5, House Committee on the Judiciary. 
Reported (H. Rept. 91-1549), September 30, 1970, with amendment. 
Considered and passed in House, October 7, 1970, H9779. 
Approved by the President as Public Law 91-452, October 15, 1970. 



Public Law 91-560— H.R. 18679 

To amend the Atomic Energy Act of 1954, as amended, to eliminate the require- 
ment for a finding of practical value, and for other purposes 

(Page references are to the daily editions of the Congressional Record, 91st Cong., 

2d sess.) 

H.R. 18679 introduced as "clean" bill by Mr. Holifield (for himself, Mr. Price 
and Mr. Hosmer) and referred to JCAE July 28, 1970, H7330. 

Hearings : November 18-20, 1969 ; April 14-16 and June 16-17. 1970. before Full 
Joint Committee on Atomic Energy published under titles of "Prelicensing 
Antitrust Review of Nuclear Power Plants," Part 1, 1969, Part 2, 1970, and 
"Uranium Enrichment Pricing Criteria," 1970. 

Reported (H. Rept. No. 91-1470), September 24, 1970, H9259. 

Considered and passed in House, September 30, 1970, H9452 ; December 3, 1970, 
Senate amendment concurred in, H 11087. 



280 

Considered and passed in Senate with amendment, December 2, 1970, S19257. 
Examined and signed by the Speaker of the House, December 7, 1970, H11297. 
Examined and signed by the Vice President, December 8, 1970, S19577. 
Presented to the President, December 8, 1970, H11472 [December 9]. 
Approved as Public Law 91-560, December 19, 1970. 

Companion Bill— S. 4141 

S. 4141 introduced by Senator Pastore and referred to JCAE, July 29, 1970, 

SI 2283. 
Hearings: As listed above. 

Reported (S. Rept. No. 91-1247), September 29, 1970, S16679. 
Identical bill H.R. 18679 passed in lieu thereof, with amendment, December 2, 

1970, S19257. 



Public Law 92-307— H.R. 14655 

To amend the Atomic Energy Act of 1954, as amended, to authorize the Com- 
mission to issue temporary operating business for nuclear power reactors 
under certain circumstances, and for other purposes. 

(Page references are to the daily edition of the Congressional Record, 92d Cong., 

2d sess.) 
H.R. 13731 introduced by Vice-Chairman Price, for himself, Mr. Holifield, Mr. 

Hosmer, Mr. Aspinall, and Mr. Hansen (by request), on March 9, 1972, and 

referred to the JCAE, H1954. 
H.R. 13732 introduced by Mr. Hosmer on March 9, 1972, and referred to the 

JCAE, H1954. 
Hearings: March 16 and 17, 1972, before the Full Joint Committee on Atomic 

Energy. Published in two volumes under title "H.R. 13731 and H.R. 13732, to 

Amend the Atomic Energy Act of 1954 Regarding the Licensing of Nuclear 

Facilities." 
H.R. 14065 introduced by Mr. Holifield, for himself and others, on March 23, 

1972, H2472. 
H.R. 14655 introduced as "clean bill" by Mr. Holifield, for himself and all other 

House Members of the Joint Committee, on April 26, 1972, H3695. 
House Report (H. Rept. No. 92-1027) filed on April 27, 1972, H3748. 
Considered and passed in House without amendment, May 3, 1972, H4048. 
Considered and passed in Senate without amendment, May 17, 1972, S8064. 
Examined and signed by Speaker of the House, May 19, 1972, H4745. 
Examined and signed by the President Pro Tempore, May 24, 1972, S8314. 
Presented to the President, May 30, 1972. H5099. 
Approved as Public Law 92-307, June 2, 1972, H5315. 

Companion Bill— S. 3543 

S. 3543 introduced by Senator Anderson, for himself and Senator Aiken, on 

April 27, 1972, S6732. 
Hearings : As listed above. 

Senate Report ( S. Rept. No. 92-787) filed on May 9, 1972, S7461. 
Identical bill H.R. 14655 passed in lieu of S. 3543, as indicated above. 



Public Law 93-377— S. 3669 

Index to Legislative History of Public Law 93-377 (S. 3669) 

Page references are to the daily editions of the Congressional Record 93d Cong., 

2d sess.) 

8. 3669 introduced by Vice-Chairman Pastore on June 19, 1974, S10867. 

Hearings : Full Joint Committee on Atomic Energy, June 18, 1974. Related hear- 
ing by the Subcommittee on Agreements for Cooperation, April 30, 1974. 

Reported (S. Rept. No. 93-989), July 9. 1974. S11923. 

Considered and passed in Senate, with a Committee amendment, July 11, 1974. 
S 12272-74. 



281 

Considered and passed in House, with the Committee amendment, August 1, 1974, 

H7505-16. 
Examined and signed by the Speaker of the House, August 5, 1974, H7691. 
Examined and signed by the President pro tempore of the Senate, August 5, 1974, 

S14313. 
Presented to the President, August 6, 1974, S14424. 
Approved as Public Law 93-377, August 17, 1974, S15421. 

Companion Bill— H.R. 15416 

H.R. 15416 introduced by Chairman Price on June 17, 1974, H5167. 
Hearings : As listed above. 

Reported (H. Rept. No. 93-1155), June 26, 1974, H5833. 
Identical bill, S. 3669, passed in lieu thereof, as indicated above. 



Public Law 93-485 (S. 3698) 

(Page references are to the daily editions of the Congressional Record, 93d 

Cong., 2d sess.) 

S. 3698 introduced by Vice-Chairman Pastore (for himself and Senators Aiken, 

Jackson, Bennett, Symington, Dominick, Bible, Baker, Montoya) on June 25, 

1974, S11405. 
Reported (S. Rept. 93-964), June 25, 1974, S11404. 

Considered and passed by Senate, with an amendment, July 10, 1974, S12112-128. 
Considered and passed by the House, with differing amendment, July 31, 1974, 

H7432-50. 
Senate conferees appointed August 7, 1974, S14544. 
House conferees appointed August 8, 1974, H7967. 

Conference Report (H. Rept. No. 93-1299) filed in House, August 19, 1974, H8599. 
Conference Report considered and agreed to by the House, October 10, 1974, 

H10357-64. 
Conference Report considered and agreed to by the Senate, October 10, 1974, 

S18927. 
Examined and signed by the Speaker of the House, October 11, 1974, S18963. 
Examined and signed by the President pro tempore of the Senate, October 16, 

1974, S19186. 
Presented to the President, October 17, 1974, S19377. 
Approved as Public Law 93-485, October 26, 1974. 

Companion bill— H.R. 15582 

H.R. 15582 introduced by Chairman Price (for himself and Reps. Holifield, 

Hosmer and Young), June 25, 1974, H5733. 
Reported (H. Rept. No. 93-1149), June 25, 1974, H5733. 
Subsequent history is that of identical bill, S. 3698, as indicated above. 



Public Law 93-514 (S. 3802) 

(Page references are to the daily editions of the Congressional Record, 93d 

Cong., 2d sess.) 

S. 3728 introduced by Senator Symington on July 8, 1974, S11834. 

S. 3802 introduced by Senator Symington as clean bill on July 24, 1974, follow- 
ing full Joint Committee consideration of S. 3728 on July 22, 1974. (S13300) 

Reported (S. Rept. No. 93-1228), October 4, 1974, S18274. 

Considered and passed by Senate without amendment, October 9, 1974, S18558. 

Considered and passed by the House, without amendment, November 25, 1974, 
H11023. 

Examined and signed by the President pro tempore of the Senate, November 25, 
1974, S19931. 

Examined and signed by the Speaker of the House, November 26, 1974, H11161. 

Presented to the President, November 26, 1974, S20098. 

Approved as Public Law 93-514, December 6, 1974, S20749. 

38-938 — 79 19 



282 

Companion bill— H.R. 16074 

H.R. 15891 introduced by Chairman Price, July 11, 1974, H6461. 

H.R. 16074 introduced as clean bill by Chairman Price, July 23, 1974, H6985. 

Reported (H. Rept. No. 93-1414), October 2, 1974, H9883. 

Identical bill, S. 3802 passed in lieu of H.R. 16074, as indicated above. 



Public Law 94-197 (H.R. 8631) 

(Page references are to the daily editions of the Congressional Record, 
94th Congress, 1st Session) 

H.R. 8631 introduced by Mr. Price (for himself and Mr. Anderson of Illinois) 

(by request) on July 14, 1975, H6817. 
Hearings : Full Joint Committee on Atomic Energy, September 23 and 24, 1975. 

Published under the title of "H.R. 8631 : To Amend and Extend the Price- 
Anderson Act". 
Markup: Full Joint Committee on Atomic Energy, October 31 and November 

6, 1975. Published under the title of "Open Markup on H.R. 8631 and S. 2568: 

Price-Anderson Act Amendments". 
Reoortcd with six technical amendments (H. Rept. No. 94-648) November 10, 

1975, H10908. 
Considered and passed by the House with one amendment December 8, 1975, 

Hll 926-57. 
Considered and passed by the Senate after striking all after the enacting clause 

and inserting in lieu thereof the language of Senate companion measure S. 

2568, as amended, December 16, 1975, S22328-75. 
Senate amendment considered and agreed to by the House December 17, 1975, 

H12750-51. 
Examined and signed by the Speaker of the House December 18, 1975, H13049. 
Examined and signed by the President pro tempore of the Senate December 18, 

1975, S22680. 
Presented to the President December 19, 1975, H13203. 
Approved as Public Law 94-197 December 31, 1975. 

Companion bill— S. 2568 

S. 2568 introduced by Mr. Pastore (for himself and Mr. Baker) (bv request) 
October 28, 1975, S18711. 

Hearings : As listed above. 

Markup : As listed above. 

Reported with six technical amendments (S. Rept. No. 94-454) November 13, 
1975. S 19879. 

Considered by the Senate; three amendments accepted and further considera- 
tion indefinitely postponed, December 16, 1975, S22328-76. 



Public Law 95-91— S. 826 

To establish a Department of Energy in the executive branch by the reorgani- 
zation of energy functions within the Federal Government in order to secure 
effective management to assure a coordinated national energy policy, and for 
other purposes. 

(Page references are to the Congressional Record, 95th Congress, 1st Sess.) 

S. 826 introduced by Mr. Ribicoff, et al., on March 1, 1977 and referred to Com- 
mittee on Governmental Affairs, S3155. 

Reported (S. Rept. 95-164), May 14, 1977. with amendment. S7663. 

Considered and passed in Senate, amended. May 18. 1977, S7959. 

Considered and passed in House, amended, June 3, 1977, H5406 (in lieu of H.R. 
6804). 

Conference scheduled in Senate, June 9, 1977. S9255. 

Conference scheduled in House, June 21, 1977, H6234. 

Conference report (H. Rept. 95-539) submitted in House. July 26. 1977, H7831, 
and agreed to. August 2, 1977, H8252. 



283 

Conference report (S. Rept. 95-367) submitted in Senate, July 27, 1977, S13554. 

and agreed to, August 2, 1977, S13290. 
Approved by the President as Public Law 95-91, August 4, 1977, S13554. 

Companion bill— H.R. 6804 

H.R. 6804 introduced by Mr. Brooke, et al., on May 2, 1977 and referred to Com- 
mittee on Government Operations, H3904. 
Reported (H. Rept. 95-346, Pt. 1), with amendment, May 24, 1977, H5009. 
Reported (H. Rept. 95-346, Pt. 2 ) , May 24, 1977. 
Indefinitely postponed (identical bill S. 826 passed in lieu of) June 3, 1977, II5416. 



Public Law 95-110— S. 1153 

To abolish the Joint Committee on Atomic Energy and to reassign certain func- 
tions and authorities thereof, and for other purposes. 

(Page references are to the Congressional Record, 95th Congress, 1st Sess.) 

S. 1153 introduced by Mr. Jackson (for himself; Senators Baker, Randolph, 

Stafford and McClure) on March 29, 1977, S5028. 
Considered and passed in Senate, March 31, 1977, S5222. 
Considered and passed in House, amended, August 5, 1977, H8756-59. 
Senate agreed to House amendments, August 5, 1977, S13907. 
approved by the President as Public Law 95-110, September 20, 1977. 



Public Law 95-209— S. 1131 

Amends Title II of the Energy Reorganization Act of 1974 and section 29 of the 
Atomic Energy Act of 1954. 

(Page references are to the Congressional Record, 95th Congress, 1st Sess.) 

S. 1131 introduced by Mr. Hart and Mr. Randolph on March 25, 1977, and re- 
ferred to Committee on Environment and Public Works, S4889. 

Reported (S. Rept. 95-196) May 16, 1977, with amendment, S7664. 

Considered and passed in Senate, May 25, 1977, S8591. 

Considered and passed in House, September 12, 1977, title amended, H92G2 (in 
lieu of H.R. 3455). 

Conference scheduled in Senate, October 28, 1977, S18062. 

Conference scheduled in House, October 31, 1977, H11805. 

Conference report (H. Rept. 95-788) submitted in the House, November 1, 1977, 
H12004, and agreed to. November 3, 1977, H12176. 

Conference report submitted in the Senate and agreed to, November 29, 1977, 
S19235. 

Approved by the President as Public Law 95-209, December 13, 1977. 

Companion bill — H.R. 3455 

3.R. 3455 introduced by Mr. Udall on February 9, 1977 and referred to the 

Committee on Interior and Insular Affairs, H1078. 
Reported (H. Rept. 95-289) May 11, 1977, with amendment, H4337. 
[ndefinitelv postponed (identical bill S. 1131 passed in lieu of), September 12, 

1977, H9262. 

Public Law 95-238— S. 1340 

Po amend Title I of the Energy Reorganization Act of 1974 and for other purposes. 

Page references are to the Congressional Record, 95th Congress, 1st and 2d Sess.) 

I 1340 introduced by Mr. Jackson on April 21, 1977 and referred to Committee 

on Energy and Natural Resources, 
teported ( S. Rept. 95-179) , May 16, 1977, S7663. 
Considered and passed in Senate, June 13, 1977, S9559. 



284 

Considered and passed in House, amended, December 7, 1977, H12778. 
Senate agreed to House amendment, February 8, 1978, S1487. 
Approved by the President as Public Law 95-238, February 25, 1978. 



Public Law 95-242— H.R. 8638 

To provide for more efficient and effective control over the proliferation of nucleai 
explosive capability, and to amend various sections in the Atomic Energy Acl 
of 1954. 

(Page references are to the Congressional Record, 95th Congress, 1st and 2d Sess.) 

H.R. 8638 introduced by Mr. Bingham (for himself; Representatives Zablocki 
Findley, Whalen, Studds, Fowler, Cavanaugh, Beilenson, and Winn) referrec 
to Committee on International Relations, July 29, 1977, H8165. 

Markup: Full Committee on International Relations, August 1 and 2, 1977 
D1175, D1187. 

Reported (H. Rept. 95-587) August 5, 1977, H8775. 

Considered and passed in House, amended, September 28, 1977, H10274. 

Considered and passed in Senate, amended, February 7, 1978, S1341 (in lieu o: 
S. 897). 

House agreed to Senate amendments, February 9, 1978, H908-19. 

Approved by the President as Public Law 95-242, March 10, 1978. 

Companion bill — S. 897 

S. 897 introduced by Mr. Percy (for himself; Senators Glenn, Ribicoff, Javits, an< 
Cranston) referred to Committee on Foreign Relations and Governmenta 
Affairs, S. 3381-89, March 3, 1977. 

Reported (S. Rept. 95-467) with amendments, October 3, 1977, S16171. 

Indefinitely postponed (identical bill H.R. 8638 passed in lieu of), February "3 
1978, S1341. 



Public Law 95-604— H.R. 13650 

To amend the Atomic Energy Act of 1954, as amended, to provide for regulatio; 
of uranium mill tailings, and for other purposes. (Uranium Mill Tailing 
Licensing Act of 1978). (Also referred to Committee on Interstate and Foreig: 
Commerce). 

June 29, 1978— Introduced. 

July 10, 1978 — Subcommittee hearing. 

July 13, 1978— EPA. Favorable, if amended. 

July 17, 1978 — Subcommittee hearing. 

July 20, 1978 — Subcommittee markup. 

July 27, 1978— Subcommittee markup. Reported to Full Committee, amendec 
Clean bill to be introduced. 

(See H.R. 13650. Tabled.) 

H.R. 13650 (S. 3078). 

To authorize the Secretary of Energy to enter into cooperative agreements wit 
certain States respecting residual radioactive material at existing sites, t 
provide for the regulation of uranium mill tailings under the Atomic Energ 
Act of 1954, and for other purposes. (Uranium Mill tailings Control Act c 
1978). (Also referred to Committee on Interstate and Foreign Commerce 

July 28, 1978— Introduced. 

(See H.R. 13382 for earlier action). 

Aug. 2, 1978 — Full Committee markup. 

Aug. 3, 1978 — Energy. Unfavorable. 

Aug. 4, 1978 — Full Committee markup. 

Aug. 9. 1978 — Full Committee ordered reported, amended. 

Aug. 11, 1978— Reported to House. H.Rept. 95-1480 (Part I). 

Sept. 30, 1978 — Reported from Interstate and Foreign Commerce Committe< 
H.Rept. 95-1490 (Part II). 

Oct. 3. 1978 — Passed House. (Suspension). 

Oct. 13. 1978 — Passed Senate, amended. 

Oct. 14. 1978 — House agreed to the Senate amendment, with an amendment. 

Oct. 14, 1978 — Senate agreed to the House amendment to the Senate amendmen 

Nov. 8, 1978— Approved. P.L. 95-604. 



APPEXDIX 4 



THE ATOMIC ENERGY ACT OF 1946 1 

With Amendments Through the Eighty-third Congress 

(1st Sess.) 

AN ACT For the development and control of atomic energy 

Be it enacted by the Senate and House of Representatives of the United Statet 
of America in Congress assembled, 

DECORATION OF POLICY 

Section 1. (a) Findings and Declaration. — Research and experimentation 
in the field of nuclear chain reaction have attained the stage at which the 
release of atomic energy on a large scale is practical. The significance of the 
atomic bomb for military purposes is evident. The effect of the use of atomic 
energy for civilian purposes upon the social, economic, and political structures of 
today cannot now be determined. It is a field in which unknown factors are 
involved. Therefore, any legislation will necessarily be subject to revision from 
time to time. It is reasonable to anticipate, however, that tapping this new 
source of energy will cause profound changes in our present way of life. Accord- 
ingly, it is hereby declared to be the policy of the people of the United States 
that, subject at all times to the paramount objective of assuring the common de- 
fense and security, the development and utilization of atomic energy shall, so 
far as practicable, be directed toward improving the public welfare, increasing 
the standard of living, strengthening free competition in private enterprise, and 
promoting world peace. 

(b) Purpose of Act. — It is the purpose of this Act to effectuate the policies 
set out in section 1 (a) by providing, among others, for the following major 
programs relating to atomic energy : 

(1) A program of assisting and fostering private research and development 
to encourage maximum scientific progress ; 

(2) A program for the control of scientific and technical information which 
will permit the dissemination of such information to encourage scientific progress, 
and for the sharing on a reciprocal basis of information concerning the practical 
industrial application of atomic energy as soon as effective and enforceable safe- 
guards against its use for destructive purposes can be devised ; 

(3) A program of federally conducted research and development to assure the 
Government of adequate scientific and technical accomplishment ; 

(4) A program for Government control of the production, ownership, and use 
of fissionable material to assure the common defense and security and to insure 
the broadest possible exploitation of the fields ; and 

(5) A program of administration which will be consistent with the foregoing 
policies and with international arrangements made by the United States, and 
which will enable the Congress to be currently informed so as to take further 
legislative action as may hereafter be appropriate. 



x The Atomic Energy Act of 1946 (Public Law 5*5, 79th Con?.. 60 Stat. 755-75, 42 U.S.C. 
1801-19). (For legislative history index to Public Law 585, 79th Cong., see index to S. 1717 
in appendix 5.) 

(285) 



286 

ORGANIZATION 

Sec. 2. (a) Atomic Energy Commission. — 

(1) There is hereby established an Atomic Energy Commission (herein called 
the Commisson), which shall be composed of five members. Three members 
shall constitute a quorum of the Commission. The President shall designate one 
member as Chairman of the Commission. 

(2) Members of the Commission shall be appointed by the President, by and 
with the advice and consent of the Senate. In submitting any nomination to 
the Senate, the President shall set forth the experience and the qualifications 
of the nominee. The term of office of each member of the Commission taking 
office prior to June SO, 1950, shall expire at midnight on June 30, 1950. The term 
of office of each member of the Commission taking office after June SO, 1950, 
shall be five years, except that (A) the terms of office of the members first 
taking office after June 30, 1050, sball expire, as designated by the President at 
the time of the appointment, one at the end of one year, one at the end of two 
years, one at the end of three years, one at the end of four years, and one at the 
end of five years, after June SO, 1950 ; and (B) any member appointed to fill a 
vacancy, occurring prior to the expiration of the term for which his predecessor 
was appointed, shall be appointed for the remainder of such term. Any member, 
of the Commission may be removed by the President for inefficiency, neglect of 
•duty, or malfeasance in office. Each member, except the Chairman, shall receive 
compensation at the rate of $18,000 per annum ; and the Chairman shall receive 
compensation at the rate of $20,000 per annum. No member of the Commission 
sball engage in any other business, vocation, or employment than that of serving 
as a member of the Commission. 2 

(3) The principal office of the Commission shall be in the District of Columbia, 
but the Commission or any duly authorized representative may exercise any or 
all of its powers in any place. The Commission shall hold such meetings, con- 
duct such hearings, and receive such reports as may be necesary to enable it 
to carry out the provisions of this Act. 

(4) There are hereby established within the Commission — 

(A) a General Manager, who shall discharge such of the administrative 
and executive functions of the Commission as the Commission may direct. 
The General Manager shall be appointed by the Commissions, shall serve at 
the pleasure of the Commission, shall be removable by the Commission, ayid 



2 The provision of sec. 2 (a) (2) (42 U.S.C. 1802) was amended on July 3, 1948, by 
Public Law 89S, 80th Cong. (02 Stat. 1259) to read as shown above in italics. (See 8. 2589 
(Apr. 30, 1948) and S. Rept. 1342 (May 17, 1948) and minority views (May 24, 1948) : see 
also H.R. 0402 (Apr. 30, 1948) and H. Rept. 1973 (May 18, 1949) and minority views 
(Mav 24. 1948).) (For legislative history index to Public Law 898, 80th Cong., see index 
to H.R. 0402 in appendix 5.) 

The provision of sec. 2 (a) (2) (42 U.S.C. 1802) was amended on Sent. 23. 1950, by 
Public Law 820, 81st Cong. (04 Stat. 979) to read as shown above in italics. (See S. 3437 
<Apr. 17. 1950) and C. Rept. 2493 (Aug. 30, 1950) ; see also H.R. 8103 (Apr. 19, 1950).) 
(For legislative history index to Public Law S20. 81st Cong., see index to S. 3437, in 
appendix 5.) 

In the basic Atomic Energy Act (Public Law 585, 79th Cong.. 60 Stat. 755-775 ; 42 
IT.S.C. 1801-1819) sec. 2 (a) (2), read as shown below. The language subsequently changed 
by Public Law 898 and Public Law 820 is shown in italics. 

'"(2) Members of the Commission shall be appointed by the President, by and with the 
advice and consent of the Senate. In submitting any nomination to the Senate, the 
President sball set forth the experience and the qualifications of the nominee. The term 
of office of each member of the Commission taking office prior to the expiration of two years 
after the date of enactment of this Act shall expire upon the expiration of such two years. 
The term of office of each member of the Commission taking office after the expiration of 
two years from the date of enactment of this Act shall be five years, except that (A) the 
terms of office of the members first taking office after the expiration of two years from the 
■date of enactment of this Act shall expire, as designated by the President at the time of 
appointment, one at the end of three years, one at the end of four years, one at the end of 
Jive years, one at the end of six years, and one at the end of seven years, after the date of 
■enactment of this Act; and (B) any member appointed to fill a vacancy occurring prior 
to expiration of the term for which his predecessor was appointed, shall be appointed 
for the remainder of such term. Any member of the Commission may be removed by the 
President for inefficiency, neglect of duty, or malfeasance in office. Each member, except 
the Chairman, shall receive compensation at the rate of $ J 5,000 per annum ; and the Chair- 
man shall receive compensation at the rate of $17,500 per annum. No member of the 
Commission shall engage in any other business, vocation, or employment than that of 
serving as a member of the Commission." 



287 

shall receive compensation at a rate fixed in the Commission's discretion 
but not to exceed $20,000 per annum. 3 

(B) a Division of Military Application and such other program divisions 
(not to exceed ten in number) as the Commission may determine to be neces- 
sary to the discharge of its responsibilities. Each division shall be under 
the direction of a Director who shall be appointed by the Commission and 
shall be compensated at a rate determined by the Commission, but not in 
excess of $16,000 per annum. The Director of the Division of Military 
Application shall be a member of the Armed Forces. The Commission shall 
require each such division to exercise such of the Commission's powers as 
the Commission may determine. 4 

(b) General Advisory Committee. — There shall be a General Advisory Com- 
mittee to advise the Commission on scientific and technical matters relating to 
materials, production, and research and development, to be composed of nine 
members, who shall be appointed from civilian life by the President. Each 
member shall hold office for a term of six years, except that (1) any member 
appointed to fill a vacancy occurring prior to the expiration of the term for 
which his predecessor was appointed, shall be appointed for the remainder of 
such term; and (2) the terms of office of the members first taking office after 
the date of the enactment of this Act shall expire, as designated by the President 
at the time of appointment, three at the end of two years, three at the end of four 
years, and three at the end of six years, after the date of the enactment of this 
Act. The Committee shall designate one of its own members as Chairman. The 
Committee shall meet at least four times in every calendar year. The members 
of the Committee shall receive a per diem compensation of $50 for each day spent 
in meetings or conferences, and all members shall receive their necessary travel- 
ing or other expenses while engaged in the work of the Committee. 

(c) Military Liaison Committee. — There shall be a Military Liaison Com- 
mittee consisting of a Chairman, who shall be the head thereof, and of a repre- 
sentative or representatives of the Departments of the Army, Navy, and Air 
Force, detailed or assigned thereto, without additional compensation, in such 
number as the Secretary of Defense may determine. Representatives from each 
of the three Departments shall be designated by the respective Secretaries of 
the Army, Navy, and Air Force. The Committee Chairman shall be appointed 
by the President, by and with the advice and consent of the Senate, and shall 



3 The language of sec. 2(a)(4)(A) (42 U.S.C. 1802) which was amended on September 
23, 1950, by Public Law 820. 81st Cong. (64 Stat. 979) is shown above in italics. (See 
S. 3437 (Apr. 17, 1950) and S. Kept. 2493 (Aug. 30, 1950) ; see also H.R. 8103 (Apr. 19, 
1950).) (For legislative history index to Public Law 820, 81st Cong., see index to S. 3437 
in appendix 5.) 

In the basic Atomic Energy Act (Public Law 585. 79th Cong., 60 Stat. 755-775. 42 
U.S.C. 1801-1819) sec. 2(a)(4)(A) read as shown below. The language subsequently 
changed or omitted by Public Law 820 is shown in italics. 
"(4) There are hereby established within the Commission — 

"(A) a General Manager, who shall discharge such of the administrative and execu- 
tive functions of the Commission as the Commission may direct. The General Manager 
shall be appointed by the President by and with the advice and consent of the Senate, 
and shall receive compensation at the rate of $15,000 per annum. The Commission 
may make recommendations to the President with respect to the appointment or re- 
moval of the General Manager." 
«n-P e u la ?£W e of sec " 2 (a) (4) < B > (42 U.S.C. 1802) which was amended on July 31, 
I o\J^? l ? D ^ c - L -. a ^oJ 64 ' 83d Con S- (67 Stat. 240), is shown above in italics. (See 
?orSl 9 ? i' Tnl T l?\ l 0n3 l and S - Rept 603 (Jul ? 18 ' 1953 > : see als ° H.R. 6305 (July 15. 
in * °r legislative history index to Public Law 164, 83d Cong., see index to S. '2399 

tt Q n n th i e cn b i aS i i Q-,o? 0mic Energy Act (Public Law 585, 79th Cong.. 60 Stat. 755-775. 32 
5;?™ 1S01— 1M0) sec. 2 (a) (4) (B) read as shown below. The language subsequently 
changed or omitted by Public Law 164 is shown in italics. 4 ; 

o J'^ B ^ a Divisiori of Research , a Division of Production, a Division of Engineering, 
and a Division of Military Application. Each division shall be under the direction of a 
?t t£ U h0 . s 5«» ^ appointed by the Commission, and shall receive compensation 
L h, k ° $1Jf ' 000 x per annum. The Director of the Division of Military Applica- 
nt, *WL£V member of t h f armed forces. The Commission shall require each 
mw™ ™ ° n 1° L exercis e such of the Commission's powers under this Act as the Com- 
TA 22£n«£ Sl™ 11 ^/^?/ %?***• <™ th <>rity granted under section S (a) of this 
Act shall not be exercised by the Division of Research." 

^Me^OTSi&S^^e^StStfloS?^ 11 ^ 11 t0 bG inCreaSed t0 $14 - 80 ° Per annUm by 



288 

receive compensation at a rate prescribed by law for the Chairman of the Muni- 
tions Board. 6 The Commission shall advise and consult with the Committee 
on all atomic-energy matters which the Committee deems to relate to military 
applications, including the development, manufacture, use and storage of bombs, 
the allocation of fissionable material for military research, and the control of 
information relating to the manufacture or utilization of atomic weapons. The 
Commission shall keep the Committee fully informed of all such matters before 
it and the Committee shall keep the Commission fully informed of all atomic 
energy activities of the Department of Defense. The Committee shall have 
authority to make written recommendations to the Commission on matters 
relating to military applications from time to time as it may deem appropriate. 
If the Committee at any time concludes that any action, proposed action, or 
failure to act of the Commission on such matters is adverse to the responsibilities 
of the Department of Defense, derived from the Constitution, laws, and treaties, 
the Committee may refer such action, proposed action, or failure to act to the 
Secretary of Defense. If the Secretary concurs, he may refer the matter to the 
President, whose decision shall be final. 

"(d) Appointment of Army, Navy, or Air Force Officers. — Notwithstanding 
the provisions of section 1222 of the Revised Statutes (U.S.C., 1940 edition, title 
10, sec. 576), section 212 of the Act entitled 'An Act making appropriations for 
the Legislative Branch of the Government for the fiscal year ending June 30. 
1933, and for other purposes', approved June 30, 1932, as amended (U.S.C., 1940 
edition, title 5, sec. 59a), section 2 of the Act entitled 'An Act making appro- 
priations for the legislative, executive, and judicial expenses of the Government 
for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and 
for other purposes', approved July 31, 1894, as amended (U.S.C., 1940 edition, 
title 5, sec. 62), or any other law, any active or retired officer of the Army, Navy, 
or Air Force may serve as Director of the Division of Military Application estab- 
lished by subsection (a) (4) (B) of this section, without prejudice to his com- 
missioned status as such officer. Any such officer serving as Director of the Divi- 
sion of Military Application shall receive, in addition to his pay from the United 
States as such officer, an amount equal to the difference between such pay and 
the compensation prescribed in subsection (a) (4) (B) of this section." Likewise, 
notwithstanding the provisions of any other law, any active or retired officer of 
the Army, Navy, or Air Force may serve as Chairman of the Military Liaison 
Committee established by subsection (c) of this section, without prejudice to 
his commissioned status as such officer. Any such officer serving as Chairman of 
the Military Liaison Committee shall receive, in addition to his pay from the 



6 Pursuant to Reorganization Plan No. 6. H. Doc. 136. 83d Cong., 18 Fed. Reg. 3743. vn 
Assistant Secretary of Defense is now assigned the responsibility for the work formerly 
performed by the Munitions Board. 

a The language of sec. 2 (c) (42 U.S.C. 1802) which was amended on October 11, 1949 
by Public Law 347, 81st Cong. (63 Stat. 762) is shown in italics. (See S. 2372 (Au<r. 3, 
1949) and S. Rept. 934 (Aug. IS. 1949) ; see also H.R. 5884 (Aug. 4, 1949) and H. Rent. 
1282 (Aug. 18, 1949).) (For legislative history index to Public Law 347, 81st Cong., see 
index to S. 2372 in appendix 5.) 

In the basic Atomic Energy Act (Public Law 5S5. 79th Cong., 60 Stat. 755-775. 42 
U.S.C. 1801-1819) sec. 2 (c) read as shown below. The language subsequently changed 
or omitted by Public Law 347 is shown in italics. 

"(c) Military Liaison Committee. — There shall be a Military Liaison Committee con- 
sisting of representatives of the Departments of War and Navy, detailed or assigned thereto 
without additional compensation. 01/ the Secretaries of War and Navi/ in such number as 
their may determine. The Commission shall advise and consult with the Committee on all 
atomic energy matters which the Committees [sic] deems to relate to military applications 
including the development, manufacture, use, and storage of bombs, the allocation of 
fissionable material for military research, and the control of information relating to the 
manufacture or utilization of atomic weapons. The Commission shall keep the Committee 
fully informed of all such matters before it and the Committee shall keep" the Commission 
fully informed of all atomic energy activities of the War and Navy Departments. The 
Committee shall have authority to make written recommendations to the Commission on 
matters relating to military applications from time to time as it may deem appropriate. 
If the Committee at any time concludes that any action, proposed action, or failure to 
act of the Commission on such matters is adverse to the responsibilities of the Department* 
of war and Navy, derived from the Constitution, laws, and treaties, the Committee may 
refer such action, propospd action, or failure to act to the Secretaries of War and Navy 
If either Secretary concurs, he may refer the matter to the President, whose decision shall 
be final." 



289 

United States as such officer, an amount equal to the difference between such pay 
and the compensation prescribed in subsection (c) of this section. 1 

EESEARCH 

Sec. 3. (a) Research Assistance. — The Commission is directed to exercise 
its powers in such manner as to insure the continued conduct of research and 
development activities in the fields specified below by private or public institu- 
tions or persons and to assist in the acquisition of an ever-expanding fund of 
theoretical and practical knowledge in such fields. To this end the Commission 
is authorized and directed to make arrangements (including contracts, agree- 
ments, and loans) for the conduct of research and development activities 
relating to — 

(1) nuclear processes ; 

(2) the theory and production of atomic energy, including processes, 
materials, and devices related to such production ; 

(3) utilization of fissionable and radioactive materials for medical, bio- 
logical, health, or military purposes ; 

(4) utilization of fissionable and radioactive materials and processes 
entailed in the production of such materials for all other purposes, including 
industrial uses ; and 

(5) the protection of health during research and production activities. 
The Commission may make such arrangements without regard to the provisions 
of section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) upon certifica- 
tion by the Commission that such action is necessary in the interest of the com- 
mon defense and security, or upon a showing that advertising is not reasonably 
practicable, and may make partial and advance payments under such arrange- 
ments, and may make available for use in connection therewith such of its equip- 
ment and facilities as it may deem desirable. Such arrangements shall contain 
such provisions to protect health, to minimize danger from explosion and other 
hazards to life or property, and to require the reporting and to permit the 
inspection of work performed thereunder, as the Commission may determine ; but 
shall not contain any provisions or conditions which prevent the dissemination 
of scientific or technical information, except to the extent such dissemination is 
prohibited by law. 

(b) Research by the Commission. — The Commission is authorized and 
directed to conduct, through its own facilities, activities and studies of the types 
specified in subsection (a) above. 

PRODUCTION OF FISSIONABLE MATERIAL 

Sec. 4. (a) Definition. — As used in this Act, the term "produce", when used 
in relation to fissionable material, means to manufacture, produce, or refine 
fissionable material, as distinguished from source materials as defined in section 



'The language of sec. 2 (d) (42 TJ.S.C. 1802). which was amended on Octoher 11, 1949, 
by Public Law 347, 81st Cong. (63 Stat. 762), is shown in italics. (See S. 2372 (Aug. 3, 
1949) and S. Rept. 934 (Aug. 18, 1949) ; see also H.R. 5884 (Aug. 4, 1949) and H. Rept. 
1282 (Aug. 18, 1949).) (For legislative history index to Public Law 347, 81st Cong., see 
index to S. 2372 in appendix 5.) 

In the basic Atomic Energy Act (Public Law 585, 79th Cong., 60 Stat. 755-775, 42 
U.S.C. 1801-1819), sec. 2 (d). read as shown below. The language subsequently changed 
by Public Law 347 is shown in italics. 

"(d) Appointment op Armt and Navy Officers. — Notwithstanding the provisions 
of section 1222 of the Revised Statutes (U.S.C. 1940 edition, title 10, sec. 576). section 
212 of the Act entitled 'An Act making appropriations for the Legislative Branch of the 
Government for the fiscal year ending June 30, 1933. and for other purposes', approved 
June 30. 1932. as amended (U.S.C. 1940 edition, title 5, sec. 59a). section 2 of the 
Act entitled 'An Act making appropriations for the legislative, executive, and judicial 
expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred 
snd ninety-five, and for other purposes', approved July 31. 1894, as amended (U.S.C. 
1040 edition, title 5. sec. 62), or any other law, any active or retired officer of the Army 
or the Aouy may serve as Director of the Division of Military Application established 
by subsection (a) (4) (B) of this section, without prejudice to his commissioned status 
a? such officer. Any such officer serving as Director of the Division of Military Appli- 
cation shall receive, in addition to his pay from the United States as such officer an 
amount equal to the difference between such pay and the compensation prescribed in 
subsection (a) (4) (B) of this section." 



200 

5(b) (1), or to separate fissionable material from other substances in which such 
material may be contained or to produce new fissionable material. 

(b) Prohibition. — It shall be unlawful for any person to own any facilities 
for the production of fissionable material or for any person to produce fissionable 
material, except to the extent authorized by subsection (c). 

(c) Ownership and Operation of Production Facilities. — 

(1) Ownership of production facilities. — The Commission, as agent of 
and on behalf of the United States, shall be the exclusive owner of all 
facilities for the production of fissionable material other than facilities 
which (A) are useful in the conduct of research and development activities 
in the fields specified in section 3, and (B) do not, in the opinion of the 
Commission, have a potential production rate adequate to enable the operator 
of such facilities to produce within a reasonable period of time a sufficient 
quantity of fissionable material to produce an atomic bomb or any other 
atomic weapon. 

(2) Operation of the commission's production facilities. — The Com- 
mission is authorized and directed to produce or to provide for the produc- 
tion of fissionable material in its own facilities. To the extent deemed 
necessary, the Commission is authorized to make, or to continue in effect, 
contracts with persons obligating them to produce fissionable material in 
facilities owned by the Commission. The Commission is also authorized to 
enter into research and development contracts authorizing the contractor to 
produce fissionable material in facilities owned by the Commission to the 
extent that the production of such fissionable material may be incident to the 
conduct of research and development activities under such contracts. Any 
contract entered into under this section shall contain provisions (A) pro- 
hibiting the contractor with the Commission from subcontracting any part 
of the work he is obligated to perform under the contract, except as author- 
ized by the Commission, and (B) obligating the contractor to make such 
reports to the Commission as it may deem appropriate with respect to his 
activities under the contract, to submit to frequent inspection by employees 
of the Commission of all such activities, and to comply with all safety and 
security regulations which may be prescribed by the Commission. Any con- 
tract made under the provisions of this paragraph may be made without 
regard to the provisions of section 3709 of the Revised Statutes (U.S.C., 
title 41, sec. 5) upon certification by the Commission that such action is 
necessary in the interest of the common defense and security, or upon a 
showing that advertising is not reasonably practicable, and partial and 
advance payments may be made under such contracts. The President shall 
determine at least once each year the quantities of fissionable material to be 
produced under this paragraph. 

(3) Operation of other production facilities. — Fissionable material 
may be produced in the conduct of research and development activities in 
facilities which, under paragraph (1) above, are not required to be owned 
by the Commission. 

(d) Irradiation of Materials. — For the purpose of increasing the supply of 
radioactive materials, the Commission and persons lawfully producing or utiliz- 
ing fissionable material are authorized to expose materials of any kind to the 
radiation incident to the processes of producing or utilizing fissionable material. 

(e) Manufacture of Production Facilities. — Unless authorized by a license 
issued by the Commission, no person may manufacture, produce, transfer, or 
acquire any facilities for the production of fissionable material. Licenses shall 
be issued in accordance with such procedures as the Commission may by regu- 
lation establish and shall be issued in accordance with such standards and upon 
such conditions as will restrict the production and distribution of such facilities 
to effectuate the policies and purposes of this Act. Nothing in this section shall 
be deemed to require a license for such manufacture, production, transfer, or 
acquisition incident to or for the conduct of research or development activities 
in the United States of the types specified in section 3, or to prohibit the Com- 
mission from manufacturing or producing such facilities for its own use. 

CONTROL OF MATERIALS 

Sec 5. (a) Fissionable Materials. — 

(1) Definition. — As used in this Act, the term "fissionable material" means 
Plutonium, uranium enriched in the isotope 235, any other material which the 



291 

Commission determines to be capable of releasing substantial quantities of 
energy through nuclear chain reaction of the material, or any material artifi- 
cially enriched by any of the foregoing ; but does not include source materials, as 
defined in section 5(b) (1). 

(2) Government ownership of all fissionable material. — All right, title, 
and interest within or under the jurisdiction of the United States, in or to any 
fissionable material, now or hereafter produced, shall be the property of tne 
Commission, and shall be deemed to be vested in the Commission by virtue of 
this Act. Any person owning any interest in any fissionable material at the 
time of the enactment of this Act, or owning any interest in any material at 
the time when such material is hereafter determined to be a fissionable mate- 
rial, or who lawfully produces any fissionable material incident to privately 
financed research or development activities, shall be paid just compensation 
therefor. The Commission may, by action consistent with the provisions of 
paragraph (4) below, authorize any such person to retain possession of such 
fissionable material, but no person shall have any title in or to any fissionable 
material. 

(3) Prohibition. — It shall be unlawful for any person to (A) possess or trans- 
fer any fissionable material, except as authorized by the Commission; or (B) 
export from or import into the United States any fissionable material; or (C) 
directly or indirectly engage in the production of any fissionable material out- 
side of the United States, except, subject to the limitations and conditions con- 
tained in section (10) (a) (3), as authorized by the Commission upon a deter- 
mination by the President that the common defense and security will not be ad- 
versely affected thereby. 8 

(4) Distribution of fissionable material. — Without prejudice to its con- 
tinued ownership thereof, the Commission is authorized to distribute fissionable 
material owned by it, with or without charge, to applicants requesting such 
material (A) for the conduct of research or development activities either inde- 
pendently or under contract or other arrangement with the Commission, (B) for 
use in medical therapy, or (C) for use pursuant to a license issued under the 
authority of section 7. Such material shall be distributed in such quantities 
and on such terms that no applicant will be enabled to obtain an amount suffi- 
cient to construct a bomb or other military weapon. The Commission is directed 
to distribute sufficient fissionable material to permit the conduct of widespread 
independent research and development activity, to the maximum extent practi- 
cable. In determining the quantities of fissionable material to be distributed, 
the Commission shall make such provisions for its own needs and for the con- 
servation of fissionable material as it may determine to be necessary in the 
national interest for the future development of atomic energy. The Commission 
shall not distribute any material to any applicant, and shall recall any dis- 
tributed material from any applicant, who is not equipped to observe or w T ho 
fails to observe such safety standards to protect health and to minimize danger 
from explosion or other hazard to life or property as may be established by the 
Commission, or who uses such material in violation of law or regulation of the 
Commission or in a manner other than as disclosed in the application therefor. 

(5) The Commission is authorized to purchase or otherwise acquire any fis- 
sionable material or any interest therein outside the United States, or any inter- 
est in facilities for the production of fissionable material, or in real property on 
which such facilities are located, without regard to the provisions of section 
3709 of the Revised Statutes (U.S.C., title 41, sec. 5) upon certification by the 
Commission that such action is necessary in the interest of the common defense 
and security, or upon a showing that advertising is not reasonably practicable, 
and partial and advance payments may be made under contracts for such pur- 
poses. The Commission is further authorized to take, requisition, or condemn. 



8 The language of sec. 5 (a) (3) (42 U.S.C. 1S05). which was amended on Oct. 30. 1951, 
by Public Law 235, 82d Cong. (65 Stat. 692), is shown in italics. (See S. 2233 (Oct. 8, 
1951) and S. Kept. S94 (Oct. S. 1951) : see also H.R. 5646 (Oct. 8. 1951) and H. Rept. 
13 04 (Oct. S. 1951).) (For legislative history index to Public Law 235. 82d Cong., see 
index to S. 2233 in apnendix 5.) 

In the basic Atomic Energy Act (Public Law 585. 79th Cong.. 60 Stat. 755-775. 42 
U.S.C. 1801-1819. sec. 5 fa) (3)) read as shown below. The language subsequentlv changed 
or omitted by Public Law 235 is shown in italics. 

"<3) Prohibition. — It shall be unlawful for any person, after sixtu days from the 
effective date of this Act to (A) possess or transfer anv fissionable material, except as 
authorized by the Commission, or (B) export from or import into the United States any 
fissionable material, or (C) directly or indirectly engage in the production of any fission- 
able material outside of the United States." 



292 

or otherwise acquire any interest in such facilities or real property, and just 
compensation shall be made therefor, 
(b) Source Materials. — 

(1) Definition. — As used in this Act, the term "source material" means 
uranium, thorium, or any other material which is determined by the Commission, 
with the approval of the President, to be peculiarly essential to the production of 
fissionable materials ; but includes ores only if they contain one or more of the 
foregoing materials in such concentration as the Commission may by regulation 
determine from time to time. 

(2) License for transfers required. — Unless authorized by a license issued 
by the Commission, no person may transfer or deliver, receive possession of or 
title to, or export from the United States any source material after removal from 
its place of deposit in nature, except that licenses shall not be required for 
quantities of source materials which, in the opinion of the Commission, are 
unimportant. 

(3) Issuance of Licenses. — The Commission shall establish such standards 
for the issuance, refusal, or revocation of licenses as it may deem necessary to 
assure adequate source materials for production, research, or development activi- 
ties pursuant to this Act or to prevent the use of such materials in a manner 
inconsistent with the national welfare. Licenses shall be issued in accordance 
with such procedures as the Commission may by regulation establish. 

(4) Reporting. — The Commission is authorized to issue such regulations or 
orders requiring reports of ownership, possession, extraction, refining, shipment, 
or other handling of source materials as it may deem necessary, except that such 
reports shall not be required with respect to (A) any source material prior to 
removal from its place of deposit in nature, or (B) quantities of source materials 
which in the opinion of the Commission are unimportant or the reporting of which 
will discourage independent prospecting for new deposits. 

(5) Acquisition. — The Commission is authorized to the extent it deems neces- 
sary to effectuate the provisions of this Act — 

(A) to purchase, take, requisition, condemn, or otherwise acquire sup- 
plies of fissionable source materials or any interest in real property contain- 
ing deposits of fissionable source materials ; and 

(B) to purchase, take, requisition, condemn, or otherwise acquire rights 
to enter upon any real property deemed by it to have possibilities of contain- 
ing deposits of fissionable source materials and to conduct prospecting and 
exploratory operations for such deposits. 

Any purchase made under this paragraph may be made without regard to the 
provisions of section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) upon 
certification by the Commission that such action is necessary in the interest of 
the common defense and security, or upon a showing that advertising is not rea- 
sonably practicable, and partial and advance payments may be made thereunder. 
The Commission may establish guaranteed prices for all fissionable source ma- 
terials delivered to it within a specified time. Just compensation shall be made 
for any property or interest in property purchased, taken, requisitioned, con- 
demned, or otherwise acquired under this paragraph.* 

(6) Operations on lands belonging to the united states. — The Commission 
is authorized, to the extent it deems necessary to effectuate the provisions of this 
Act. to issue leases or permits for prospecting for, exploration for, mining, or 
removal of deposits of fissionable source materials (or for any or all of these 
purposes) in lands belonging to the United States: Provided, That, notwithstand- 
ing any other provisions of law, such leases or permits may be issued for lands 



•The language of sec. 5 (b) (5) (42 TJ.S.C. 1905) was amended on August 13. 1954. 
by Public Law 595. 83d Con?.. (69 Stat. 708). For legislative history index to Public I/aw 
585. 83d Cong., see index to S. 3344 in appendix 5. 

In the basic Atomic Enorsrv Act (Public Law 595. 79th Cong., 60 Stat. 755-775, 42 
TJ.S.C. 1801-1910) . sec. 5 (b) (5) road as shown below :* 

"(5) Acquisition. — The Commission is authorized and directed to purchase, take, requi- 
sition, condemn, or otherwise acquire, supplies of source materials or any interest in real 
property containing deposits of source materials to the extent it deems necessary to effectu- 
ate the provisions of this Act. Any purchase made under this parajrraph may be made 
without regard to the provisions of section 3709 of the Revised Statutes (U.S.C.. title 41.. 
see. 5) upon certification by the Commission that such action Is necessary in the interest 
of the common defense and security, or upon a showing that advertisiner is not reason- 
ably practicable, and partial and advance payments may be made thereunder. The Com- 
mission may establish guaranteed prlees for all source materials delivered to it within 
a specified time. lust compensation shall be made for any property taken, requisitioned, 
or condemned under this paragraph." 






293 

administered for national park, monument, and wildlife purposes only when the 
President, by Executive order, finds and declares that such action is necessary 
in the interests of national defense. 10 

(7) Public lands. — No individual, corporation, partnership, or association, 
which had any part, directly or indirectly, in the development Of the atomic energy 
program, may benefit by any location, entry, or settlement upon the public domain 
made after such individual, corporation, partnership, or association took part in 
such program, if such individual, corporation, partnership, or association, by 
reason of having had such part in the development of the atomic energy program, 
acquired confidential official information as to the existence of deposits of such 
uranium, thorium, or other fissionable source materials in the specific lands upon 
which such location, entry, or settlement is made, and subsequent to the date of 
the enactment of this Act made such location, entry, or settlement or cause the 
same to be made for his, or its, or their benefit. In cases where any patent, con- 
veyance, lease, permit, or other authorization has been issued, which reserved to 
the United States fissionable source materials and the right to enter upon the land 
and prospect for, mine, and remove the same, the head of the department or 
agency which issued the patent, conveyance, lease, permit, or other authorization 
shall, on application of the holder thereof, issue a new or supplemental patent, 
conveyance, lease, permit, or other authorization without such reservation. 11 

(c) Byproduct Materials. — 

(1) Definition. — As used in this Act, the term "byproduct material" means 
any radioactive material (except fissionable material) yielded in or made radio- 
active by exposure to the radiation incident to the processes of producing or 
utilizing fissionable material. 



10 The language of sec. 5 (b) (6) (42 U.S.C. 1805) was amended on August 13, 1954. by 
Public Law 585, 83d Cong. (68 Stat. 70S). For legislative history index to Public Law 
585, 83d Cong., see index to S. 3344 in appendix 5. 

In the basic Atomic Energy Act (Public Law 585, 79th Cong., 60 Stat. 755-775 42 
U.S.C. 1801-1S19) sec. 5 (b) (6) read as shown below : 

"(6) Exploration. — The Commission is authorized to conduct and enter into contracts 
for the conduct of exploratory operations, investigations, and inspections ro determine the 
location, extent, mode of occurrence, use, or conditions of deposits or supplies of source 
materials, making just compensation for any damage or injury occasioned thereby. Such 
exploratory operations may be conducted only with the consent of the owner, but such 
investigations and inspections may be conducted with or without such consent." 

"The language of sec. 5 (b) (7) (42 U.S.C. 1805) was amended on August 13, 1954 by 
Public Law 585, 83d Cong. (6S Stat. 70S). For legislative history index to Public Law 
585, 83d Cong., see index to S. 3344 in appendix 5. 

In the basic Atomic Energy Act (Public Law 585, 79th Cons., 60 Stat. 755-775 42 
U.S.C. 1801-1819), sec. 5 (b) (7) read as shown below : 

"(7) Public lands. — All uranium, thorium, and all other materials determined pur- 
suant to paragraph (1) of this subsection to be peculiarly essential to the production of 
fissionable material, contained, in whatever concentration, in deposits in the public lands 
are hereby reserved for the use of the United States subject to valid claims, rights or 
privileges, existing on the date of the enactment of this Act: Provided, however, That no 
individual, corporation, partnership, or association, which had anv part, directly or indi- 
rectly in the development of the atomic bomb project, may benefit by any location entrv 
or settlement upon the public domain made after such individual, corporation, partnership' 
or association took part in such project, if such individual, corporation, partnership or 
association, by reason of having had such part in the development of the atomic bomb 
project, acquired confidential official Information as to the existence of deposits of such 
uranium, thorium, or other materials in the specific lands upon which such location entrv 
or settlement is made, and subsequent to the date of the enactment of this Act made such 
location, entry, or settlement or caused the same to be made for his, its. or their benpfit 
? ££ ecreta ^ ° f ^Interior shall cause to be inserted in every patent, conveyance, lea se 
permit, or other authorization hereafter granted to use the public lands or their mineral 
resources, under any of which there might result the extraction of any materials so 
reserved, a reservation to the United States of all such materials, whether or not of com 
mercial value together with the right of the United States through its aiithor?/edLenT 3 
or representatives at any time to enter upon the land and prospect for mine and I remove 
the same, making just compensation for any damage or injury occasioned thereby S 
lands so patented, conveyed, leased, or otherwise disposed of may be used and any* rights 
n^H.^^^ exercised., as 5 no reseYvatioliV^ 




possessor thereof after such material h^eln^l^^s ilStom^orSViuX 
» fl w« c ° ntained - If tbe Commission requires the delivery of such material to it It S 



294 

(2) Distribution. — The Commission is authorized to distribute, with or with- 
out charge, byproduct materials to applicants seeking such materials for research 
or development activity, medical therapy, industrial uses, or such other useful 
applications as may be developed. In distributing such materials, the Commission 
shall give preference to applicants proposing to use such materials in the conduct 
of research and development activity or medical therapy. The Commission shall 
not distribute any byproduct materials to any applicant, and shall recall any 
distributed materials from any applicant, who is not equipped to observe or who 
fails to observe such safety standards to protect health as may be established 
by the Commission or who uses such materials in violation of law or regulation 
of the Commission or in a manner other than as disclosed in the application 
therefor. 

(d) General Provisions. — The Commission shall not — 

(1) distribute any fissionable material to (A) any person for a use which 
is not under or within the jurisdiction of the United States, (B) any foreign 
government, or (C) any person within the United States if, in the opinion 
of the Commission, the distribution of such fissionable material to such 
jperson would be inimical to the common defense and security. 

(2) license any person to transfer or deliver, receive possession of or title 
to, or export from the United States any source material if, in the opinion 
of' the Commission, the issuance of a license to such person for such purpose 
would be inimical to the common defense and security. 

MILITARY APPLICATIONS OF ATOMIC ENERGY 

.Sec. 8. (a) Authority. — The Commission is authorized to — 

(1) conduct experiments and do research and development work in the 
military application of atomic energy ; and 

(2) engage in the production of atomic bombs, atomic bomb parts, or 
other military weapons utilizing fissionable materials; except that such 
activities shall be carried on only to the extent that the express consent and 
direction of the President of the United States has been obtained, which con- 
sent and direction shall be obtained at least once each year. 

The President from time to time may direct the Commission (1) to deliver such 
quantities of fissionable materials or weapons to the armed forces for such use 
as he deems necessary in the interest of national defense or (2) to authorize the 
armed forces to manufacture, produce, or acquire any equipment or device uti- 
lizing fissionable material or atomic energy as a military weapon. 

(b) Prohibition. — It shall be unlawful for any person to manufacture, pro- 
duce, transfer, or acquire any equipment or device utilizing fissionable material 
or atomic energy as a military weapon, except as may be authorized by the 
Commission. Nothing in this subsection shall be deemed to modify the pro- 
visions of section 4 of this Act, or to prohibit research activities in respect of 
military weapons, or to permit the export of any such equipment or device. 

UTILIZATION of atomic energy 

Sec. 7. (a) License Required.— It shall be unlawful, except as provided in 
sections 5 (a) (4) (A) or (B) or 6 (a), for any person to manufacture, produce, 
or export any equipment or device utilizing fissionable material or atomic energy 
or to utilize' fissionable material or atomic energy with or without such equip- 
ment or device, except under and in accordance with a license issued by the Com- 
mission authorizing such manufacture, production, export, or utilization. No 
license may permit any such activity if fissionable material is produced incident 
to such ae f ivitv, except as provided in sections 3 and 4. Nothing in this section 
shall be deemed to require a license for the conduct of research or development 
activities relating to the manufacture of such equipment or devices or the utiliza- 
tion of fissionable material or atomic energy, or for the manufacture or use of 
equipment or devices for medical therapy. 

(b) Report to Congress. — Whenever in its opinion any industrial, commercial, 
or otb^r nonmilitarv use of fissionable material or atomic energy has been suffi- 
ciently developed to be of practical value, the Commission shall prepare a report 
to the President stating all the facts with respect to such use, the Commission's 
estimate of the social, political, economic, and international effects of such use 
and the Commission's recommendations for necessary or desirable supplemental 
legislation. The President shall then transmit this report to the Congress 



295 

together with his recommendations. No license for any manufacture, production, 
export, or use shall be issued by the Commission under this section until after (1) 
a report with respect to such manufacture, production, export, or use lias been 
filed with the Congress; and (2) a period of ninety days in which the Congress 
was in session has elapsed after the report has been so filed. In computing such 
period of ninety days, there shall be excluded the days on which either House is 
not in session because of an adjournment of more than three days. 

(c) Issuance of Licenses. — After such ninety-day period, unless hereafter 
prohibited by law, the Commission may license such manufacture, production, 
export, or use in accordance with such procedures and subject to such conditions 
as it may by regulation establish to effectuate the provisions of this Act. The 
Commission is authorized and directed to issue licenses on a nonexclusive basis 
and to supply to the extent available appropriate quantities of fissionable mate- 
rial to licensees (1) whose proposed activities will serve some useful purpose 
proportionate to the quantities of fissionable material to be consumed; (2) who 
are equipped to observe such safety standards to protect health and to minimize 
danger from explosion or other hazard to life or property as the Commission may 
establish ; and (3) who agree to make available to the Commission such technical 
information and data concerning their activities pursuant to such licenses as the 
Commission may determine necessary to encourage similar activities by as many 
licensees as possible. Each such license shall be issued for a specified period, 
shall be revocable at any time by the Commission in accordance with such proce- 
dures as the Commission may establish, and may be renewed upon the expiration 
of such period. Where activities under any license might serve to maintain or 
to foster the growth of monopoly, restraint of trade, unlawful competition, or 
other trade position inimical to the entry of new, freely competitive enterprises 
in the field, the Commission is authorized and directed to refuse to issue such 
license or to establish such conditions to prevent these results as the Commission, 
in consultation with the Attorney General, may determine. The Commission shall 
report promptly to the Attorney General any information it may have with 
respect to any utilization of fissionable material or atomic energy which appears 
to have these results. Xo license may be given to any person for activities which 
are not under or within the jurisdiction of the United States, to any foreign 
government, or to any person within the United States if, in the opinion of the 
Commission, the issuance of a license to such person would be inimical to the 
common defense and security. 

(d) Byproduct Power. — If energy which may be utilized is produced in the 
production of fissionable material, such energy may be used by the Commission, 
transferred to other Government agencies, or sold to public or private utilities 
under contracts providing for reasonable resale prices. 

international arrangements 

Sec. 8. (a) Definition. — As used in this Act, the term "international arrange- 
ment" shall mean any treaty approved by the Senate or international agreement 
hereafter approved by the Congress, during the time such treaty or agreement 
is in full force and effect. 

(b) Effect of International Arrangements.— Any provision of this Act or 
any action of the Commission to the extent that it conflicts with the provisions 
of any international arrangement made after the date of enactment of this Act 
shall be deemed to be of no further force or effect. 

(c) Policies Contained in International Arrangements.— In the perform- 
ance of its functions under this Act, the Commission shall give maximum effect 
to the policies contained in any such international arrangement. 

PROPERTY OF THE COMMISSION 

_ Sec 9. (a) The President shall direct the transfer to the Commission of all 
interests owned by the United States or any Government agencv in the followine 
property : 

(1) All fissionable material: all atomic weapons and parts thereof- all facili- 
ties, equipment, and materials for the processing, production, or utilization of 
fissionable material or atomic energy; all processes and technical information 
or any kind, and the source thereof (including data, drawings, specifications 
patents, patent applications, and other sources ((sic) relating to the processing 
production, or utilization of fissionable material or atomic energy • and all con- 



296 

tracts, agreements, leases, patents, applications for patents, inventions and 
discoveries (whether patented or unpatented), and other rights of any kind 
concerning any such items ; 

(2) All facilities, equipment, and materials, devoted primarily to atomic energy 
research and development ; and 

(3) Such other property owned hy or in the custody or control of the Manhat- 
tan Engineer District or other Government agencies as the President may 
determine. 

(b) In order to render financial assistance to those States and localities in 
which the activities of the Commission are carried on and in which the Com- 
mission has acquired property previously subject to State and local taxation, the 
Commission is authorized to make payments to State and local governments in 
lieu of property taxes. Such payments may be in the amounts, at the times, and 
upon the terms the Commission deems appropriate, but the Commission shall be 
guided by the policy of not making payments in excess of the taxes which would 
have been payable for such property in the condition in which it was acquired, 
except in cases where special burdens have been cast upon the State or local 
government by activities of the Commission, the Manhattan Engineer District 
or their agents. In any such case, any benefit accruing to the State or local 
government by reason of such activities shall be considered in determining the 
amount of the payment. 13 

CONTROL OF INFORMATION 

Sec. 10. (a) Policy. — It shall be the policy of the Commission to control the 
dissemination of restricted data in such a manner as to assure the common defense 
and security. Consistent with such policy, the Commission shall be guided by 
the following principles: 

(1) That until Congress declares by joint resolution that effective and en- 
forceable international safeguards against the use of atomic energy for destruc- 
tive purposes have been established, there shall be no exchange of information 
with other nations with respect to the use of atomic energy for industrial pur- 
poses ; and 

(2) That the dissemination of scientific and technical information relating to 
atomic energy should be permitted and encouraged so as to provide that free 
interchange of ideas and criticisms which is essential to scientific progress. 

(3) Nothing contained in this section shall prohibit the Commission, when in 
its unanimous judgment the common defense and security would be substantially 
promoted and would not be endangered, subject to the limitations hereinafter 
set out, from entering into specific arrangements involving the communication 
to another nation of restricted data on refining, purification, and subsequent treat- 
ment of source materials; reactor development; production of fissionable mate- 
rials; and, research and development relating to the foregoing: Provided, 

(/) that no such arrangement shall involve the communication of re- 
stricted data on design and fabrication of atomic weapons; 

(2) that no such arrangement shall be entered into with any nation 
threatening the security of the United States; 

(3) that the restricted data involved shall be limited and circumscribed to 
the maximum degree consistent with the common defense and security ob- 
jective in view, and that in the judgment of the Commission the recipient 
nation's security standards applicable to such data are adequate; 

(4) that the President after securing the written recommendations of the 
National Security Council, has determined in writing {incorporating the 
National Security Council recommendation) that the arrangement would 
substantially promote and would not endanger the common defense and 
security of the United States, giving specific consideration to the security 
sensitivity of the restricted data involved and the adequacy and sufficiency 
at the secnHty safeguards undertaken to be maintained by the recipient 
nation; and 



12 Sec. 9 (b) (42 U.S.C. 180!)) was amended on August 13, 1953. bv Public Law 262, 
83d Cong. (67 Stat. 575) by dronoing tbe last sentence of the section. (See S. 671 (Jan 27 
1953) and S. Rept. 694 (July 28. 1953). For legislative history index to Public Law 262, 
83d Cong., see index to S. 671 in appendix 5. This amendment is effective October 1. 1953. 

Tn the basic Atomic Energy Act (Public Law 585. 79th Cong., 60 Stat. 755-775. 42 
U.S.C. 1801-1819) the following last sentence was included in" sec. 9 (b) : "The Com- 
mission, nnd tbe pronerty. activities, and income of the Commission, are hereby exnresslv 
exempted from taxation in any manner or form by any State, countv, municipality, or 
any subdivision thereof." 



297 

(5) that before the arrangement is consummated by the Commission the 
Joint Committee on Atomic Energy has been fully informed for a period 
of thirty days in which the Congress was in session (in computing such 
thirty days, there shall be excluded the days on which either House is not 
in session because of an adjournment of more than three days). 13 
(b) Restrictions. — 

(1) The term ''restricted data" as used in this section means all data con- 
cerning the manufacture or utilization of atomic weapons, the production of 
fissionable material, or the use of fissionable material in the production of power, 
but shall not include any data which the Commission from time to time deter- 
mines may be published without adversely affecting the common defense and 
security. 

(2) Whoever, lawfully or unlawfully, having possession of, access to, control 
over, or being entrusted with, any document, writing, sketch, photograph, plan, 
model, instrument, appliance, note or information involving or incorporating 
restricted data — 

(A) communicates, transmits, or discloses the same to any individual or 
person, or attempts or conspires to do any of the foregoing, with intent to 
injure the United States or with intent to secure an advantage to any foreign 
nation, upon conviction thereof, shall be punished by death or imprisonment 
for life (but the penalty of death or imprisonment for life may be imposed 
only upon recommendation of the jury and only in cases where the offense 
was committed with intent to injure the United States) ; or by a fine of not 
more than $20,000 or imprisonment for not more than twenty years, or both ; 

(B) communicates, transmits, or discloses the same to any individual or 
person, or attempts or conspires to do any of the foregoing, with reason to 
believe such data will be utilized to injure the United States or to secure 
an advantage to any foreign nation, shall, upon conviction, be punished by 
a fine of not more than $10,000 or imprisonment for not more than ten years, 
or both. 

(3) Whoever, with intent to injure the United States or with intent to secure 
an advantage to any foreign nation, acquires, or attempts or conspires to acquire 
any document, writing, sketch, photograph, plan, model, instrument, appliance, 
note or information involving or incorporating restricted data shall, upon con- 
viction thereof, be punished by death or imprisonment for life (but the penalty 
of death or imprisonment for life may be imposed only upon recommendation 
of the jury and only in cases where the offense was committed with intent to 
injure the United States) ; or by a fine of not more than $20,000 or imprisonment 
for not more than twenty years, or both. 

(4) Whoever, with intent to injure the United States or with intent to secure 
an advantage to any foreign nation, removes, conceals, tampers with, alters, 
mutilates, or destroys any document, writing, sketch, photograph, plan, model, 
instrument, appliance, or note involving or incorporating restricted data and 
used by any individual or person in connection with the production of fissionable 
material, or research or development relating to atomic energy, conducted by 
the United States, or financed in whole or in part by Federal funds, or conducted 
with the aid of fissionable material, shall be punished by death or imprisonment 
for life (but the penalty of death or imprisonment for life may be imposed only 
upon recommendation of the jury and only in cases where the offense was com- 
mitted with intent to injure the United States) ; or by a fine of not more than 
$20,000 or imprisonment for not more than twenty years or both. 

(5) (A) No person shall be prosecuted for any violation under this section 
unless and until the Attorney General of the United States has advised the 
Commission with respect to such prosecution and no such prosecution shall be 
commenced except upon the express direction of the Attorney General of the 
United States. 

(B) (i) No arrangement shall be made under section 3, no contract shall be 
made or continued in effect under section 4, and no license shall be issued under 
section 4 (e) or 7, unless the person with whom such arrangement is made, the 
contractor or prospective contractor, or the prospective licensee agrees in writing 
not to permit any individual to have access to restricted data until the Civil 



13 The language of sec. 10(a)(3) (42 U.S.C. 1810) which was added on October 30 
1951. by Public Law 235, 82d Cong. (65 Stat. 692) is shown above in italics. (See S 2233 
H. Rept. 1104 (Oct. 8, 1951).) (For legislative history index in Public Law 235, S2d 
Cong., see index to S. 2233 in appendix 5.) 

88-938—79 20 



298 

Service Commission shall have made an investigation and report to the Commis- 
sion on the character, associations, and loyalty of such individual and the Com- 
mission shall have determined that permitting such person to have access to 
restricted data will not endanger the common defense or security. 14 

(ii) Except as authorized by the Commission in case of emergency, no indi- 
vidual shall be employed by the Commission until the Civil Service Commission 
shall have made an investigation and report to the Commission on the character, 
associations, and loyalty of such individual. 14 

(iii) Notwithstanding the provisions of subparagraphs (i) and (ii), during 
such period of time after the enactment of this Act, as may be necessary to make 
the investigation, report, and determination required by such paragraphs, (a) 
any individual who was permitted access to restricted data by the Manhattan 
Engineer District may be permitted access to restricted data and (b) the Com- 
mission may employ any individual who was employed by the Manhattan engi- 
neer District. 

(iv) In the event an investigation made pursuant to sections 10(b) (5) (B) 
(i) and (ii) develops any data reflecting that the individual who is the subject 
of the investigation is of questionable loyalty, the Civil Service Commission shall 
refer the matter to the Federal Bureau of Investigation for the conduct of a full 
field investigation, the results of which shall be furnished to the Civil Service 
Commission for its information and appropriate action. 13 

(v) // the President deems it to be in the national interest, he may from time 
to time cause investigations of any group or class ivhich are required by sections 
10(b)(5) (i) and (ii) to be made by the Federal Bureau of Investigation 
rather than the Civil Service Commission. 15 

(vi) Notwithstanding the provisions of sections 10(b) (5) (i) and (ii) above, 
a majority of the members of the Commission shall certify these specifio 
positions which are of a Jiigh degree of importance or sensitivity and upon such 
certification the investigation and reports required by such provisions shall be 
made by the Federal Bureau of Investigation rather than by the Civil Service 
Commission. 15 

(vii) To protect against the unlawful dissemination of restricted data and to 
safeguard facilities, equipment, materials, and other property of the Commission, 
the President shall have authority to utilize the services of any Government 
agency to the extent he may deem necessary or desirable. 15 

(C) All violations of this Act shall be investigated by the Federal Bureau of 
Investigation of the Department of Justice. 

(6) This section shall not exclude the applicable provisions of any other laws, 
except that no Government agency shall take any action under such other laws 
inconsistent with the provisions of this section. 

(c) Inspections, Records, and Reports. — The Commission is — 

(1) authorized by regulation or order to require such reports and the 
keeping of such records with respect to, and to provide for such inspections 
of, activities and studies of types specified in section 3 and of activities 
under licenses issued pursuant to section 7 as may be necessary to effectuate 
the purposes of this Act : 

(2) authorized and directed by regulation or order to require regular 
reports and records with respect to, and to provide for frequent inspections 
of, the production of fissionable material in the conduct of research and 
development activities. 

patents and inventions 

Sec 11. (a) Production and Military Utilization. 

(1) No patent shall hereafter be granted for any invention or discovery which 
is useful solely in the production of fissionable material or in the utilization of 
fissionable material or atomic energy for a military weapon. Any patent granted 



"Public Law 298, 82d Con?. (06 Stat. 44. ch. 159) amended 11 nets, including sections 
10 (b) (5) (B) (i) and (B) (ii) of the Atomic Energy Act of 1046. by "striking there- 
from, whenever they appear, the words 'Federal Bureau of Investigation* and inserting in 
lieu thereof the words 'Civil Service Commission'." For legislative history index to Public 
Law 137, 83d Cong., see index to H.R. 4905 in appendix 5. 

13 Former see. 10 (b) (5) (B) (iv) (42 U.S.C. 1810) was renumbered as sec. 10 (b) 
(5) (B) (vii) and new sees. 10 (b) (5) (B) (iv), 10 (b) (5) (B) (v) and 10) (b) 
(.")) (B) (vi) were brought into the Atomic Energy Act of 1946 bv Public Law 164. 83d 
Con-. (67 Stat 240) (on July 31, 1953). (See S. 23!)9 (Julv 15. 1953). and S. Kept. 00.3 
(July IS, 1953) : seee also H.R. 6305 (July 15, 1953).) For legislative history index to 
Public Law 164, 83d Cong., see index to S. 2399 in appendix 5. 



299 

for any such invention or discovery is hereby revoked, and just compensation 
shall be made therefor. 

(2) No patent hereafter granted shall confer any rights with respect to any 
invention or discovery to the extent that such invention or discovery is used in 
the production of fissionable material or in the utilization of fissionable material 
or atomic energy for a military weapon. Any rights conferred by any patent 
heretofore granted for any invention or discovery are hereby revoked to the 
extent that such invention or discovery is so used, and just compensation shall 
be made therefor. 

(3) Any person who has made or hereafter makes any invention or discovery 
useful in the production of fissionable material or in the utilization of fissionable 
material or atomic energy for a military weapon shall file with the Commission 
a report containing a complete description thereof, unless such invention or 
discovery is described in an application for a patent filed in the Patent Office by 
such person within the time required for the filing of such report. The report 
covering any such invention or discovery shall be filed on or before whichever 
of the following is the latest : (A) The sixtieth day after the date of enactment 
of this Act; (B) the sixtieth day after the completion of such invention or dis- 
covery: or (C) the sixtieth day after such person first discovers or first has 
reason to believe that such invention or discovery is useful in such production or 
utilization. 

(b) Use of Inventions for Research. — No patent hereafter granted shall 
confer any rights with respect to any invention or discovery to the extent that 
such invention or discovery is used in the conduct of research or development 
activities in the fields specified in section 3. Any rights conferred by any patent 
heretofore granted for any invention or discovery are hereby revoked to the 
extent that such invention or discovery is so used, and just compensation shall 
be made therefor. 

(C) NONMILITARY UTILIZATION. — 

(1) It shall be the duty of the Commission to declare any patent to be affected 
with the public interest if (A) the invention or discovery covered by the patent 
utilizes or is essential in the utilization of fissionable material or atomic energy ; 
and (B) the licensing of such invention or discovery under this subsection is 
necessary to effectuate the policies and purposes of this Act. 

(2) Whenever any patent has been declared, pursuant to paragraph (1), to 
be affected with the public interest — 

(A) The Commission is hereby licensed to use the invention or discovery 
covered by such patent in informing any of its powers under this Act; and 

(B) Any person to whom a license has been issued under section 7 is 
hereby licensed to use the invention or disco verey covered by such patent to 
the extent such invention or discovery is used by him in carrying on the 
activities authorized by his license under section 7. 

The owner of the patent shall be entitled to a reasonable royalty fee for any 
use of an invention or discovery licensed by this subsection. Such royalty fee 
may be agreed upon by such owner and the licensee, or in the absence of such 
agreement shall be determined by the Commission. 

(3) No court shall have jurisdiction or power to stay, restrain, or otherwise 
enjoin the use of any invention or discovery by a licensee, to the extent that 
such use is licensed by paragraph (2) above, on the ground of infringement of 
any patent. If in any action for infringement against such licensee the court 
shall determine that the defendant is exercising such license, the measure of 
damages shall be the royalty fee determined pursuant to this section, together 
with such costs, interest, and reasonable attorney's fees as may be fixed by the 
court. If no royalty fee has been determined, the court shall stay the proceeding 
until the royalty fee is determined pursuant to this section. If any such licensee 
shall fail to pay such royalty fee, the patentee may bring an action in any court 
of competent jurisdiction for such royalty fee, together with such costs, interest, 
and reasonable attorneys' fees as may be fixed by the court. 

(d) Acquisition of Patents. — The Commission is authorized to purchase, 
or to take, requisition, or condemn, and make just compensation for, (1) any 
invention or discovery which is useful in the production of fissionable material 
or in the utilization of fissionable material or atomic energy for a military 
weapon, or which utilizes or is essential in the utilization of fissionable material 
or atomic energy, or (2) any patent or patent application covering any such in- 
vention or discovery. The Commission of Patents shall notify the Commission 
of all applications for patents heretofore or hereafter filed which in his opinion 



300 






disclose sucn inventions or discoveries and shall provide the Commission access 
to all such applications. 

(e) Compensation Awards, and Royalties. — 

(1) Patent compensation board. — The Commission shall designate a Patent 
Compensation Board, consisting of two or more employees of the Commission, 
to consider applications under this subsection. 

(2) Eligibility. — 

(A) Any owner of a patent licensed under subsection (c) (2) or any 
licensee thereunder may make application to the Commission for the deter- 
mination of a reasonable royalty fee in accordance with such procedures as 
it by regulation may establish. 

(B) Any person seeking to obtain the just compensation provided in 
subsections (a), (b), or (d) shall make application therefor to the Commis- 
sion in accordance with such procedures as it may by regulation establish. 

(C) Any person making any invention or discovery useful in the produc- 
tion of fissionable material or in the utilization of fissionable material or 
atomic energy for a military weapon who is not entitled to compensation 
therefor under subsection (a) and who has complied with subsection (a) 
(3) above may make application to the Commission for, and the Commission 
may grant, an award. 

(D) Any person making application under this subsection shall have the 
right to be represented by counsel. 

(3) Standards. — 

(A) In determining such reasonable royalty fee, the Commission shall 
take into consideration any defense, general or special, that might be pleaded 
by a defendant in an action for infringement, the extent to which, if any. 
such patent was developed through federally financed research, the degree 
of utility, novelty, and importance of the invention or discovery, and may 
consider the cost to the owner of the patent of developing such invention or 
discovery or acquiring such patent. 

(B) In determining what constitutes just compensation under subsection 
(a), (b), or (d) above, the Commission shall take into account the consid- 
erations set forth in paragraph (A) above, and the actual use of such 
invention or discovery, and may determine that such compensation be paid 
in periodic payments or in a lump sum. 

(C) In determining the amount of any award under paragraph (2) (C) 
of this subsection, the Commission shall take into account the considerations 
set forth in paragraph (A) above, and the actual use of such invention or 
discovery. Awards so made may be paid by the Commission in periodic 
payments or in a lump sum. 

(4) Judicial review. — Any person aggrieved by any determination of the 
Commission of an award or of a reasonable royalty fee may obtain a review of 
such determination in the Court of Appeals for the District of Columbia by filing 
in such court, within thirty days after notice of such determination, a written 
petition praying that such determination be set aside. A copy of such petition 
shall be forthwith served upon the Commission and thereupon the Commission 
shall file with the court a certified transcript of the entire record in the proceed- 
ing, including the findings and conclusions upon which the determination was 
based. Upon the filing of such transcript the court shall have exclusive jurisdic- 
tion upon the record certified to it to affirm the determination in its entirety or 
set it aside and remand it to the Commission for further proceedings. The find- 
ings of the Commission as to the facts, if supported by substantial evidence, shall 
be conclusive. The court's judgment shall be final, subject, however, to review 
by the Supreme Court of the United States upon writ of certiorari on petition 
therefor under section 240 of the Judicial Code (U.S.C., title 2S, sec. 347), by 
the Commission or any party to the court proceeding. 

general authority 

Sec. 12. (a) In the performance of its functions the Commission is authorized 
to— 

(1) establish advisory boards to advise with and make recommendations 
to the Commission on legislation, policies, administration, research, and 
other matters : 

(2) establish by regulation or order such standards and instructions to 
govern the possession and use of fissionable and byproduct materials as the 



301 

Commission may deem necessary or desirable to protect health or to mini- 
mize danger from explosions and other hazards to life or property : 

(3) make such studies and investigations, obtain such information, and 
hold such hearings as the Commission may deem necessary or proper to 
assist it in exercising any authority provided in this Act, or in the adminis- 
tration or enforcement of this Act, or any regulations or orders issued there- 
under. For such purposes the Commission is authorized to administer oaths 
and affirmations, and by subpena to require any person to appear and testify, 
or to appear and produce documents, or both, at any designated place. Xo 
person shall be excused from complying with any requirements under this 
paragraph because of his privilege against self-incrimination, but the immu- 
nity provisions of the Compulsory Testimony Act of February 11, 1893 
(U.S.C., title 49, sec. 46), shall apply with respect to any individual who 
specifically claims such privilege. Witnesses subpenaed under this subsection 
shall be paid the same fees and mileage as are paid witnesses in the district 
courts of the United States ; 

(4) appoint and fix the compensation of such officers and employees as 
may be necessary to carry out the functions of the Commission. Such offi- 
cers and employees shall be appointed in accordance with the civil-service 
laws and their compensation fixed in accordance with the Classification 
Act of 1923, as amended, except that to the extent the Commission deems 
such action necessary to the discharge of its responsibilities, personnel may 
be employed and their compensation fixed without regard to such laws. The 
Commission shall make adequate provisions for administrative review of 
any determination to dismiss any employee ; 

(5) acquire such materials, property, equipment, and facilities, establish 
or construct such buildings and facilities, and modify such buildings and 
facilities from time to time as it may deem necessary, and construct, acquire, 
provide, or arrange for such facilities and services (at project sites where 
such facilities and services are not available) for the housing, heolth, 
safety, welfare, and recreation of personnel employed by the Commission 
as it may deem necessary ; 

(6) with the consent of the agency concerned, utilize or employ the 
services or personnel of any Government agency or any State or local gov- 
ernment, or voluntary or uncompensated personnel, to perform such func- 
tions on its behalf as may appear desirable ; 

(7) acquire, purchase, lease, and hold real and personal property as agent 
of and on behalf of the United States and to sell, lease, grant, and dispose of 
such real and personal property as provided in this Act : and 

(8) without regard to the provisions of the Surplus Property Act of 1944 
or any other law, make such disposition as it may deem desirable of (A) 
radioactive materials, and (B) any other property the special disposition 
of which is, in the opinion of the Commission, in the interest of the national 
security. 

(9) authorize such of its members, officers and employees as it deems 
necessary in the interest of the common defense and security to carry fire- 
arms while in the discharge of their official duties. The Commission may 
also authorize such of those employees of its contractors engaged in guard 
duties at facilities owned ly the United States as it deems necessary in the 
interest of the common defense and security to carry firearms xohile in the 
discharge of their official duties. 16 

(10) make, promulgate, issue, rescind, and amend such rules and regula- 
tions as may he necessary to carry out the purposes of this Act. 16 

(h) Security. — The President may. in advance, exempt any specific action 
of the Commission in a particular matter from the provisions of law relating to 
contracts whenever he determines that such action is essential in the interest of 
the common defense and security. 

(c) Advisory Committees. — The members of the General Advisory Committee 
established pursuant to section 2(b) and the members of advisory boards estab- 
lished pursuant to subsection (a) (1) of this section may serve as such without 
regard to the provisions of sections 109 and 113 of the Criminal Code (IS 

"Sors. 12 (a) (9) and riO) (42 U.8.O. 18121 were added on Jnlv 31. 1953, hv PnWie 
Law 164. 83d Concr. < 67 Stat. 240). rSee S. 2399 (Jnlv 15. 1053) and S Rent 60*3 
(July 15. 1953): sep also H.R. 6305 Uulv 15. 1953).) For legislative history index f 
Public Law 164. 83d Cong., see index to S. 2399 in appendix 5 



302 

U.S.C., sees. 198 and 203) or section 19(e) of the Contract Settlement Act of 
1944, except insofar as such sections may prohibit any such member from receiv- 
ing compensation in respect of any particular matter which directly involves the 
Commission or in which the Commission is directly interested. 

(d) The Atomic Energy Commission is authorized in connection with the 
construction or operation of the Oak Ridge, Paducah, and Portsmouth installa- 
tions of the Commission, without regard to section 9679 of the Revised Statutes, 
as amended, to enter into new contracts or modify or confirm existing contracts 
to provide for electric-utility services for periods not exceeding twenty-five years, 
and such contracts shall be subject to termination by the Commission upon pay- 
ment of cancellation costs as provided in such contracts, and any appropriation 
presently or hereafter made available to the Commission shall be available for 
the payment of such cancellation costs. Any such cancellation payments shall be 
taken into consideration in determination of the rate to be charged in the event 
the Commission or any other agency of the Federal Government shall purchase 
electric-utility services from the contractor subsequent to the cancellation and 
during the life of the original contract.™ 

COMPENSATION FOR PRIVATE PROPERTY ACQUIRED 

Sec. 13. (a) The United States shall make just compensation for any property 
or interests therein taken or requisitioned pursuant to sections 5 and 11. The 
Commission shall determine such compensation. If the compensation so deter- 
mined is unsatisfactory to the person entitled thereto, such person shall be paid 
50 per centum of the amount so determined, and shall be entitled to sue the United 
States in the Court of Claims or in any district court of the United States in the 
manner provided by sections 24 (20) and 145 of the Judicial Code to recover such 
further sum as added to said 50 per centum will make up such amount as will be 
just compensation. 

(b) In the exercise of the rights of eminent domain and condemnation, pro- 
ceedings may be instituted under the Act of August 1, 1888 (U.S.C.. title 40, sec. 
257), or any other applicable Federal statute. Upon or after the filing of the 
condemnation petition, immediate possession may be taken and the property 
may be occupied, used, and improved for the purposes of this Act. notwithstand- 
ing any other law. Real property acquired by purchase, donation, or other 
means of transfer may also be occupied, used, and improved for the purposes 
of this Act, prior to approval of title by the Attorney General. 

JUDICIAL REVIEW AND ADMINISTRATIVE PROCEDURE 

Sec. 14. (a) Notwithstanding: the provisions of section 12 of the Administra- 
tive Procedure Act (Public Law 404, Seventy-ninth Congress, approved June 11, 
1946) which provide when such Act shall take effect, section 10 of such act (re- 
lating to judicial review) shall be applicable, upon the enactment of the Act, 
to any asency action under the authority of this Act or by any agency created 
by or under the provisions of this Act. 

(b) Except as provided in subsection (a), no provision of this Act shall be 
held to supersede or modify the provisions of the Administrative Procedure Act. 

(c) As used in this section the terms "agency action" and "agency" shall have 
the same meaning as is assigned to such terms in the Administrative Procedure 
Act. 

JOINT COMMITTEE ON ATOMIC ENERGY 

Sec. 15. (a) There is hereby established a Joint Committee on Atomic Energy 
to be composed of nine Members of the Senate to be appointed by the President 
of the Senate, and nine Members of the House of Representatives to be appoint- 
ed by the Speaker of the House of Representatives. In each instance not more 
than five members shall be members of the same political party. 

(b) The joint committee shall make Continuing studies of the activities of 
the Atomic Energy Commission and of problems relating to the development, 

17 Sec. 12 (d) (42 U.S.C. 1.912) was added on July 17. 1953, by Public Law 137. s3d 
Cong. (61 Stat. 181). (Sec H.R. 4905 (Apr. 28, lfl53) and H. Kept. 076 (June 26. 1053) ; 
s^e also S. 2230 (June 20. 1053) an' 1 S. Rept. 477 (June 20. 1053).) For legislative 
history index to Public Law 137. 83d Cong., see index to H.R 4005 in appendix 5. 






303 

use, and control of atomic energy. The Commission shall keep the joint com- 
mittee fully and currently informed with respect to the Commission's activities. 
All bills, resolutions, and other matters in the Senate or the House of Representa- 
tives relating primarily to the Commission or to the development, use or control 
of atomic energy shall be referred to the joint committee. The members of the 
joint committee who are Members of the Senate shall from time to time report 
to the Senate, and the members of the joint committee who are Members of the 
House of Representatives shall from time to time report to the House, by bill 
or otherwise, their recommendations with respect to matters within the juris- 
diction of their respective Houses which are (1) referred to the joint committee 
or (2) otherwise within the jurisdiction of the joint committee. 

(c) Vacancies in the membership of the joint committee shall not affect the 
power of the remaining members to execute the functions of the joint committee, 
and shall be filled in the same manner as in the case of the original selection. 
The joint committee shall select a chairman and a vice chairman from among 
its members. 

(d) The joint committee, or any duly authorized subcommittee thereof, is 
authorized to hold such hearings, to sit and act at such places and times, to re- 
quire, by subpena or otherwise, the attendance of such witnesses and the produc- 
tion of such books, papers, and documents, to administer such oaths, to take such 
testimony, to procure such printing and binding, and to make such expenditures 
as it deems advisable. The cost of stenographic services to report such hearings 
shall not be in excess of 25 cents per hundred words. The provisions of sections 
102 to 104, inclusive, of the Revised Statutes shall apply in case of any failure 
of any witness to comply with a subpena or to testify when summoned under 
authority of this section. 

(e) The joint committee is empowered to appoint and fix the compensation of 
such experts, consultants, technicians, and clerical and stenographic assistants 
as it deems necessary and advisable, but the compensation so fixed shall not 
exceed the compensation prescribed under the Classification Act of 1923, as 
amended, for comparable duties. The committee is authorized to utilize the 
services, information, facilities, and personnel of the departments and estab- 
lishments of the Government. The committee is authorized to permit such of its 
members, employees and consultants as it deems necessary in the interest of 
common defense and security to carry firearms while in the discharge of their 
official duties for the committee.' 16 

ENFORCEMENT 

Sec. 16. (a) Whoever willfully violates, attempts to violate, or conspires to 
violate, any provision of sections 4(b), 4(e), 5(a)(3), or 6(b) shall, upon 
conviction thereof, be punished by a fine of not more than $10,000 or by imprison- 
ment for not more than five years, or both, except that whoever commits such 
an offense with intent to injure the United States or with intent to secure an 
advantage to any foreign nation shall, upon conviction thereof, be punished by 
death or imprisonment for life (but the penalty of death or imprisonment for 
life may be imposed only upon recommendation of the jury and only in cases 
where the offense was committed with intent to injure the United States) ; or 
by a fine or not more than $20,000 or by imprisonment for not more than twenty 
years, or both. 

(b) Whoever willfully violates, attempts to violate, or conspires to violate, 
any provision of this Act other than those specified in subsection (a) and other 
than section 10(b), or of any regulation or order prescribed or issued under 
sections 5(b) (4), 10(c), or 12(a) (2). shall, upon conviction thereof, be punished 
by a fine of not more than $5,000 or by imprisonment for not more than two 
years, or both, except that whoever commits such an offense with intent to 
injure the United States or with intent to secure an advantage to anv foreism 
nation shall, upon conviction thereof, be punished by a fine of not more than 
$20,000 or by imprisonment for not more than twenty years, or both. 

r^Q+ot S o^? nc ^ to o eC ooV?> <; e T \ addpd W Public Law 164. S3d Con?., on July 31. 1953 

F* o 3 nn / ,Tul - v 15. 19o3).) For legislative history to Public Law 164, 83d Cong., see index 
to S. 2390 in appendix o. 



304 






(c) Whenever in the judgment of the Commission any person has engaged or 
is about to engage in any acts or practices which constitute or will constitute 
a violation of any provision of this Act, or any regulation or order issued there- 
under, it may make application to the appropriate court for an order enjoining 
such acts or practices, or for an order enforcing compliance with such provision, 
and upon a showing by the Commission that such person has engaged or is about 
to engage in any such acts or practices a permanent or temporary injunction, 
restraining order, or other order may be granted. 

(d) In case of failure or refusal to obey a subpena served upon any person 
pursuant to section 12(a) (3), the district court for any district in which such 
person is found or resides or transacts business, upon application by the Com- 
mission, shall have jurisdiction to issue an order requiring such person to appear 
and give testimony or to appear and produce documents, or both, in accordance 
with the subpena; and any failure to obey such order of the court may be 
punished by such court as a contempt thereof. 

EEPOETS 

Sec. 17. The Commission shall submit to the Congress, in January and July 
of each year, a report concerning the activities of the Commission. The Com- 
mission shall include in such report, and shall at such other times as it deems 
desirable submit to the Congress, such recommendations for additional legisla- 
tion as the Commission deems necessary or desirable. 

DEFINITIONS 

Sec. 18. As used in this Act— 

< a) The term "atomic energy" shall be construed to mean all forms of energy 
released in the course of or as a result of nuclear fission or nuclear transforma- 
tion. 

(b) The term "Government agency" means any executive department, com- 
mission, independent establishment, corporation wholly or partly owned by the 
United States which is an instrumentality of the United States, board, bureau, 
division, service, office, officer, authority, administration, or other establishment, 
in the executive branch of the Government. 

( c) The term "person" means any individual, corporation, partnership, firm, 
association, trust, estate, public or private institution, group, the United States 
or any agency thereof, any government other than the United States, any politi- 
cal subdivision of any such government, and any legal successor, representative, 
agent, or agency of the foregoing, or other entity, but shall not include the 
Commission or officers or employees of the Commission in the exercise of duly 
authorized functions. 

(d) The term "United States." when used in a geographical sense, includes all 
Territories and possessions of the United States and the Canal Zone. 

(e) The term "research and development*' means theoretical analysis, explora- 
tion, and experimentation, and the extension of investigative findings and 
theories of a scientific or technical nature into practical application for experi- 
mental and demonstration purposes, including the experimental production and 
testing of models, devices, equipment, materials, and processes. 

(f) The term "equipment or device utilizing fissionable material or atomic 
energy" shall be construed to mean any equipment or device capable of making 
use of fissionable material or peculiarly adapted for making use of atomic energy 
and any important component part especially designed for such equipment or 
devices, as determined by the Commission. 

(g) The term "facilities for the production of fissionable material" shall be 
construed to mean any equipment or device capable of such production and any 
important component part especially designed for such equipment or devices, as 
determined by the Commission. 

APPROPRIATIONS 

Sep. 19. There are hereby authorized to be appropriated such sums as may be 
necessary and appropriate to carry out the provisions and purposes of this Act. 
The Acts appropriating such sums may appropriate specified portions thereof 
to be accounted for upon the certification of the Commission only. Funds appro- 
priated to the Commission shall, if obligated by contract during the fiscal year 



305 

for which appropriated, remain available for expenditure for four years follow- 
ing the expiration of the fiscal year for which appropriated. After such four-year 
period, the unexpended balances of appropriations shall be carried to the surplus 
fund and covered into the Treasury. 

SEPARABILITY OF PROVISIONS 

Sec. 20. If any provision of this Act, or the application of such provision to 
any person or circumstances, is held invalid, the remainder of this Act or the 
application of such provision to persons or circumstances other than those as to 
which it is held invalid, shall not be affected thereby. 

SHOET TITLB 

Sec. 21. This Act may be cited as the "Atomic Energy Act of 1946". 
Approved August 1, 1946. 



APPENDIX 5 



Index to Legislative History of the Atomic Energy Act of 1946 

and Amendments 

On August 6, 1945, President Truman announced the first military use of an 
atomic bomb. Congress was not in session on that date. The House of Repre- 
sentatives pursuant to House Concurrent Resolution 68 had adjourned on July 21 
until October 8, 1945. The Senate, on August 1, 1945, adjourned until October 8, 
1945, under the terms of the same resolution. On September 1, 1945, "legislative 
expediency" warranted "reassembly of Congress" on September 5, 1945. 

On September 5, 1945, the day the Congress reassembled, the first bill regarding 
the control of the atomic bomb was introduced by Congressman Bender in the 
House. It was H.R. 3912, a bill making it a capital offense to disclose informa- 
tion or impart knowledge with respect to the atomic bomb. On the same day, 
Congressman Ludlow introduced House Resolution 336 which was a "resolution 
urging action by the United Nations to ban the atomic bomb as an instrument of 
war." 

The first bill introduced in the Senate was introduced on September 6, 1945, by 
Senator McMahon. It was S. 1359, "a bill to conserve and restrict the use of 
atomic energy for the national defense, to prohibit its private exploitation, and to 
preserve the secret and confidential character of information concerning the use 
and application of atomic energy." On the same day, Senator Vandenberg intro- 
duced Senate Concurrent Resolution 28 which had as its purpose "creating a joint 
committee to investigate the matter of the development, control, and use of atomic 
energy." 

Subsequently a variety of legislation regarding atomic energy consisting of 
bills and resolutions was introduced in both Houses of Congress. They are listed 
in the tables below. 

NUMBERS OF BILLS AND RESOLUTIONS INTRODUCED IN THE HOUSE OF REPRESENTATIVES 
DURING THE 79th CONG. 



Bill or resolution No. 



Author 



Congress and session 



H.R. 3912 

H.R. 3997 

H.R. 4014 

H.R. 4015 

H.R. 4152 

H.R. 4280 

H.R. 4566 

H. Res. 336... 

H. Res. 345 

H. Res. 381. 

H. Res. 404 . 
H. Con. Res. 83.. 
H. Con. Res. 115. 
H. Con. Res. 117. 
H.J. Res. 292.... 
H.J. Res. 296.... 

H.R. 5230 

H.R. 5364 

H.R. 5365 

H.R. 6197 

H. Res. 505.... 

H. Res. 592 

H. Res. 593 

H. Res. 594 

H. Res. 595 

H. Res. 596 

H. Res. 688 

H. Res. 697 

H. Res. 708 

H. Con. Res. 124. 
H. Con. Res. 146. 
H.J. Res. 307.... 
H.J. Res. 326.... 



Bender (Ohio) 

Sumners (Texas)... 
Voorhis (California). 
do 



Arends (Illinois). 
May (Kentucky). 



.do. 



Ludlow (Indiana).. 

O'Toole (New York) 

Durham (North Carolina). 

Douglas (California) 

Harris (Arkansas). 

Douglas (California) 

Voorhis (California) 

do 



Sabath (Illinois) 

Celler (New York) 

Douglas (California) 

Holifield (California) 

Biemiller (Wisconsin) 

Vinson (Georgia). 

Voorhis (California) 

Hoiifield (California) 

Woodhouse (Michigan). . 

Douglas (California) 

Biemiller (Wisconsin)... 

Luce (Connecticut) 

Douglas (California) 

Sabath (Illinois) 

Burgin (North Carolina). 

Ludlow (Indiana) 

Vinson (Georgia).. 

Havenner (California)... 



79th, 1st. 



79th, 2d. 



(306) 



307 

NUMBERS OF BILLS AND RESOLUTIONS RELATING TO ATOMIC ENERGY INTRODUCED IN THE SENATE DURING THE 

79TH CONG. 

Bill or resolution No. Author Congress and session 

S .1359 McMahon (Connecticut) 

S. 1463 Johnson (Colorado) 

S. 1557 Ball (Minnesota)... 

S. 1717... McMahon (Connecticut)... 

S. Res. 179 ..do 

S. Res. 183 Taylor (Idaho) 

S. Res. 186... McKellar (Tennessee) 

S. Res. 206... Hoey (North Carolina). 

S. Con. Res. 28 Vandenberg (Michigan) 

S. Con. Res. 38 Thomas (Utah) 

S.J. Res. 93 Thomas (Utah) 

S.J. Res. 103 Hill (Alabama) 

S. 1824 Johnson (Colorado) 

S. 2054 Hatch (New Mexico) 

S. Res. 232 McMahon (Connecticut).. 

S. Res. 237.. do 

fFulbright (Arkansas).. 

S. Res. 255 J Kilgore (West Virginia) 

1 Mitchell (Washington). 

[Morse (Oregon) 



79th, 1st. 



79th, 2d. 



On October 9, 1945, Senator McMahon introduced Senate Resolution 179, which 
had as its purpose ''creating a special committee to investigate problems relating 
to the development, use, and control of atomic energy." The resolution was agreed 
to on October 22, 1945, The resolution, as agreed to. and legislative history index 
are: 

Senate Resolution 179 

Resolved, That a special committee on atomic energy to be composed of eleven 
Members of the Senate appointed by the President pro tempore of the Senate, of 
whom one shall be designated as chairman by the President pro tempore, is 
authorized and directed to make a full, complete, and continuing study and in- 
vestigation with respect to problems relating to the development use. and control 
of atomic energy. All bills and resolutions introduced in the Senate, and all 
bills and resolutions from the House of Representatives proposing legislation 
relating to the development, use, and control of atomic energy shall be referred 
to the special committee. The special committee is authorized to report to the 
Senate at the earliest practicable date by bill or otherwise with recommendations 
upon any matters covered by this resolution. The existence of this committee 
shall terminate at the end of the Seventy-ninth Congress. 

For the purposes of this resolution the committee, or any duly authorized sub- 
committee thereof, is authorized to hold such hearings, to sit and act at such 
times and places during the sessions, recesses, and adjourned periods of the Sen- 
ate in the Seventy -ninth Congress, to employ such experts, and such clerical, sten- 
ographic, and other assistants, to require by subpena or otherwise the attendance 
of such witnesses and the production of such correspondence, books, papers, and 
documents, to administer such oaths, to take such testimony, and to make such 
expenditures, as it deems advisable. The cost of stenographic services to report 
such hearings shall not be in excess of 25 cents per hundred words. The expenses 
of the committee, which shall not exceed $25,000. shall be paid from the contingent 
fund of the Senate upon vouchers approved by the chairman. 

Legislative history index to Senate Resolution 179 

(Page numbers refer to Congressional Record, 79th Cong., 1st sess.) 

Introduced and referred to Committee on Interstate Commerce, 9472. 

Reported with amendments and referred to the Committee to Audit and Control 

the Contingent Expenses of the Senate, 9644. 
Reported back. 9759. 

Debated in Senate 9785-9783, 9SSS-9894, 9695-9S98. 
Passed Senate. 9898. 

« °* Xo 7 ember 27 ' 194 -~- ^e Senate Special Committee on Atomic Energy began 
public hearings on the entire question of the atomic bomb and atomic "energy." 



308 

The public hearings, entitled "Atomic Energy," were published in five part*. 
They were — 

Part 1, November 27, 28, 29, and 30, 1945 ; December 3, 1945. 

Part 2, December 5, 6, 10, and 12, 1945. 

Part 3, December 13, 14, 19, and 20, 1945. 

Part 4, January 24, 1946. 

Part 5, February 15, 1946. 
Included in legislation referred to the Senate Special Committee on Atomic 
Energy was S. 1717, introduced by Senator McMahon on December 20, 1945, 
S. 1717 (companion bill, H.R. 5364) was ultimately passed by the Congress 
and became Public Law 585, Seventy -ninth Congress, cited as the Atomic Energy 
Act of 1946. The legislative history index of S. 1717 is printed below. 






Public Law 585, 79th Cong.— S. 1717 
For the development and control of atomic energy 

(Page references are to Congressional Record, 79th Cong., 2d sess., unless 

otherwise indicated) 

Introduced December 20, 1945. 

Mr. McMahon, from the Special Committee on Atomic Energy, 12406. (79th 

Cong., 1st sess.) 
Reported with amendment (S. Rept. 1211), 4031. 
Debated, amended, and passed Senate, 6076-6098. 
Referred to House Committee on Military Affairs, 6351. 
Reported with amendment (H. Rept. 2478), 8602. 
Made special order (H. Res. 70S) , 9135-9144. 

Debated in House. 9249-9275, 9340-9386, 9463-9477, 9478-9493, 9495-9562. 
Passed House, 9563. 

Senate disagrees to House amendments and asks for a conference, 9611. 
Conferees appointed, 9611. 

House insists upon its amendments and agrees to a conference, 9663. 
Conferees appointed, 9663, 10020. 

Conference report submitted in Senate and agreed to, 10167. 

Conference report (Xo. 2670) submitted in House and agreed to, 10189-10199. 
Examined and signed. 10329. 10411. 
Presented to the President, 10412. 
Approved [Public Law 585,] 10619. 

(See hearings entitled "Atomic Energy Act of 1946," before Senate Special 
Committee on Atomic Energy, Hearings on S. 1717, a bill for the development and 
control of atomic energy, pts. 1 to 5, dated as follows : 

Pt. 1, January 22 and 23. 1946 : 

Pt. 2, January 25. 28, 29, 30, 31, and February 1, 1946 ; 

Pt. 3, February 7, 8, 11, 13 .and 14. 1946 ; 

Pt. 4, February 18, 19. and 27, 1946 ; and 

Pt.5, April 4 and 5, 1946.) 



Public Law 80S, 80th Cong.— H.R. 6402 

Relating to the terms of office of members of the Atomic Energy Commission 

(Page references are to Congressional Record, 80th Cong., 2d sess.) 

(Introduced April 30, 1948.) 

Mr. Cole of New York : Joint Committee on Atomic Energy, 51G6. 

Reported back (H. Rept. 1973). 6050. 

Minority views (H. Rept. 1973, pt. 2), 6348, 6373. 
Pnssed House. 8953. 

Debated in Senate (in lieu of S. 2589). 9034, 9007, 9070. 
Passed Senate (in lieu of S. 2589), 9073. 
Examined and signed, 9354, 9363. 
Presented to the President. 9365. 
Approved [Public Law 898], 9368. 



309 

Public Law 347, 81st Cong.— S. 2372 

Relating to the Military Liaison Committee and the Division of Military 

Application 

(Page references are to Congressional Record, 81st Cong., 1st sess.) 

(Introduced August 3, 1949.) 

Mr. McMahon ; Joint Committee on Atomic Energy, 10650. 

Reported with amendment (S. Rept. 934), 11732. 

Objected to, 12376. 

Amended and passed Senate, 12386. 

Passed House (in lieu of H.R. 5884), 13557. 

Examined and signed, 13638, 13735. 

Presented to the President, 13647. 

Approved [Public Law 347], 14490. 



Public Law 820, 81st Cong.— S. 3437 

Relating to the Office of General Manager and to the compensation to be paid 
members of the Commission 

(Page references are to Congressional Record, 81st Cong., 2d sess.) 

(Introduced April 17, 1950.) 

Mr. McMahon ; Joint Committee on Atomic Energy, 5234. 

Reported with amendments (S. Rept 2493), 13803. 

Amended and passed Senate, 14664. 

Referred to Joint Committee on Atomic Energy, 14872. 

Committee discharged, passed House, 15329. 

Examined and signed, 15458, 15646. 

Presented to the President, 15459. 

Approved [Public Law 820], 15771. 



Public Law 235, 82d Cong.— S. 2233 

Relating to prohibition on production of fissionable materials outside the United 
States and to communication of restricted data to other nations 

(Page references are to Congressional Record, 82d Cong., 1st sess.) 

(Introduced October 8, 1951.) 

Mr. McMahon, from the Joint Committee on Atomic Energy (S. Rept. 894), 12737. 

Ordered placed on Senate Calendar, 12737. 

Debated, 12853, 12937, 12938. 

Passed Senate, 12941. 

Passed House (in lieu of H.R. 5646) , 13311. 

Examined and signed, 13351, 13405. 

Presented to the President, 13409. 

Approved [Public Law 235], 13732. 



Public Law 298, 82d Cong.— S. 2077 

Relating to security clearance investigations being made by the Civil Service 
Commission in lieu of the FBI 

(Page references are to Congressional Record, 82d Cong., 2d sess., except where 

otherwise indicated) 

(Introduced August 30, 1951). 

Mr. Johnston (South Carolina), Committee on Post Office and Civil Service 

10794 (82d Cong., 1st sess.). 
Reported with amendments, 13113 (S. Rept. 950, 82d Cong., 1st sess.). 



310 

Objected to, 13535 (S2d Cong., 1st sess.). 

Amended and passed Senate, 485. 

Referred to Honse Committee on Post Office and Civil Service, 558. 

Reported back (H. Rept. 1449), 1658. 

Made special order (H. Res. 555), 2140. 

Debated, 2143. 

Amended and passed House, 2158. 

Senate disagrees to House amendment and asks for a conference, 2348. 

Conferees appointed, 2348. 

House agrees to a conference asked by the Senate, 2437. 

Conferees appointed, 2437. 

Conference report (No. 1635) submitted in House, 2880. 

Conference report submitted in Senate and agreed to, 2934. 

House agrees to conference report, 2980. 

Examined and signed, 3031, 3134. 

Presented to the Presid_ent, 3034. 

Approved, April 5, 1952 [Public Law 298] (omitted in Record). 

See hearings entitled "Transfer of Responsibility for Conducting Certain 
Personnel Investigations" before House Post Office and Civil Service Committee. 
Hearings on S. 2077 and H.R. 5549 (introduced October 1, 1951, as companion 
bill to S. 2077), dated Feb. 5, 1952.) 



Public Law 262, 83d Cong.— S. 671 

Relating to State and local taxation of Atomic Energy Commission property and 

activities 

(Page references are to the Congressional Record, 83d Cong., 1st sess.) 

(Introduced January 27, 1953.) 

Mr. Kuchel and Mr. Knowland ; Joint Committee on Atomic Energy, p. 5S6. 

Reported with amendment (S. Rept. 694) , 10056. 

Amended and passed Senate, 10506. 

Referred to Joint Committee on Atomic Energy, 10742. 

Committee discharged ; passed House, 10915. 

Examined and signed, 10957, 11156. 

Presented to the President. 11023. 

Approved [Public Law 262], 11102. 



Public Law 164, 83d Cong.— S. 2399 

Relating to divisions within the AEC : compensation of directors; carrying of 
firearms ; FBI investigations ; rule-making 

(Page references are to the Congressional Record, 83d Cong., 1st sess.) 

(Introduced July 15, 1953.) 

Mr. Hickenlooper, from Joint Committee on Atomic Energv (S. Rept. 603), 8S46, 

9122. 
Ordered placed on the calendar, 8846. 
Debated, 8985, 9156. 
Amended and passed Senate. 9156, 9225. 
Passed House, 9438. 
Examined and signed. 9499, 9571. 
Presented to the President. 9572. 
Approved [Public Law 164], 10624. 

H.R. 6305— Companion Bill 

(Introduced July 15, 1953.) 

Mr. Cole of New York ; Committee on Atomic Energy, 8932. 



311 

Private Law 94, S3d Cong.— H.R. 233 

To release all the right, title, and interest of the United States in and to all 
fissionable materials in certain land in Marion County, Ind. 

(Page references are to the Congressional Record, 83d Cong., 1st sess.) 

(Introduced January 6, 1953.) 

Mr. Brownson : Committee on Interior and Insular Affairs. 57. 

Reported back (H. Rept. 177), 2132. 

Passed House, 3016. 

Referred to Senate Committee on Interior and Insular Affairs. 3055. 

Reported back ( S. Rept. 524) , 8704. 

Passed Senate, 9153. 

Examined and signed, 9177, 9302. 

Presented to the President. 9302. 

Approved [Private Law 94], 9950. 

Public Law 137, 83d Cong.— H.R. 4905 

Relating to purchase of electric services at certain AEC facilities without regard 
for Section 3679 of the Revised Statutes 

(Page references are to the Congressional Record, 83d Cong., 1st sess.) 

(Introduced April 28, 1953.) 

Mr. Cole of New York ; Joint Committee on Atomic Energy, 4154. 

Reported with amendment (H. Rept. 676), 7402. 

Amended and passed House, 8124. 

Ordered placed on the Senate Calendar. S174. 

Passed Senate (in lieu of S. 2239) , 8338. 

Examined and signed, 8726, 8537, 8418. 

Presented to the President, 8537. 

Approved [Public Law 137], 9950. 

S. 2239— Companion Bill 

(Introduced June 29, 1953.) 

Mr. Ilickenlooper, from Joint Committee on Atomic Energy (S. Rept. 477), 7546. 

Ordered placed on the calendar, 7546, 7550. 

Objected to, 8002. 

Indefinitely postponed (H.R. 4905 passed in lieu), 8338. 



Public Law 5S5, 83d Cong.— S. 3344 

Relating to acquisition of source materials by AEC and exploration for and 
mining of said materials on public lands 

(Page references are to Congressional Record, 83d Cong., 2d sess.) 

Mr. Millikin and others : referred to Committee on Interior and Insular Affairs. 

5464. 
Reported with amendments (S. Rept. 1610). Soil. 
Ordered placed on the calendar. S311. 
Objected to, 857S. 
Debated, 10015. 10019. 

Amended and passed Senate, title amended. 10030. 
Amended and passed House (in lieu of H.R. 8896), 10945. 
Senate disagrees to House amendment and asks for a conference, 11024. 
Conferees appointed, 11027 
House insists on its amendment and agrees to a conference, 11285. 



312 

Conference appointed, 11285. 

Conference report (No. 2552) submitted in Honse and agreed to, 12562. 

Conference report submitted in Senate and agreed to, 12668. 

Examined and signed, 13053, 13176. 

Presented to the President, 13053. 

Approved [Public Law 585], 15095. 

H.R. 889&— Companion bill 

Mr. Dawson ; referred to Committee on Interior and Insular Affairs, 5606. 

Reported with amendment (H. Kept. 2028), 9874. 

Made special order (H. Res. 639), 10938. 

Amended and passed House, 10941. 

Proceedings vacated, laid on the table (S. 3344 passed in lieu), 10951. 



APPENDIX 6 



Cross Reference Charts — Atomic Exergy Acts of 1946 and 1954 

New Old 

Declaration, Findings and Purpose 

Sec. 

1 Declaration 1(a). 

2 Findings 

3 Purpose 1(b). 

Definitions 

11a Agency of the United States 

lib Agreement for cooperation 

lie Atomic energy 18(a). 

lid Atomic weapon 

lie Byproduct material 5(c)(1). 

llf Commission 2(a)(1). 

llg Common defense and security 

1 lh Defense information 

1 li Design 

llj Extraordinary nuclear occurrence 

1 Ik Financial protection 

111 Government agency 18(b). 

1 lm Indemnitor 

lln International arrangement 8(a). 

llo Joint Committee 

lip Licensed activity 

llq Nuclear incident 

1 lr Operator 

lis Person 18(c). 

lit Person indemnified 

llu Produce 4(a). 

llv Production facility 18(g). 

llw Public liability 

llx Research and development 18(e). 

lly Restricted data 10(b)(1). 

llz Source material 5(b)(1). 

llaa Special nuclear material 5(a)(1). 

llbb United States 18(d). 

lice Utilization facility 18f. 

Organization 

21 Atomic Energy Commission 2(a)(1). 

22 Members 2(a)(2). 

23 Office 2(a)(3). 

24 General Manager, deputy and as- 2(a)(4). 

sistant general managers. 

25 Divisions, offices and positions 2(a)(4). 

26 General Advisory Committee 2(b). 

27 Military Liaison Committee 2(c). 

28 Appointment of Army, Navy, or Air 2(d). 

Force officers. 

29 Advisory Committee on Reactor 

Safeguards. 
Research 

31 Research assistance 3(a). 

32 Research by the Commission 3 (b) . 

33 Research for others 

(313) 

38-93S— 79 21 



314 

Ceo88 Reference Charts — Atomic Energy Acts of 1946 and 1S54 — Continued 

New Old 

Production of Special Nuclear Material 
bee. 

41 Ownership and operation of prodi:c- 4(c). 

tion facilities. 

42 Irradiation of materials 4(d). 

43 Acquisition of production facilities 5(a)(5). 

44 Disposition of energy 7(d). 

Special Nuclear Material 

51 Special nuclear material 5(a)(1). 

53 Domestic distribution of special nu- 5(a)(4). 

clear material. 

54 Foreign distribution of special nuclear 

material. 

55 Acquisition 5(a)(5). 

56 Guaranteed purchase prices 

57 Prohibition 5(a)(3) and 5(d). 

58 Review 

Source Material 

61 Source material 5(b)(1). 

62 License for transfers required 5(b) (2) . 

63 Domestic distribution of source mate- 5(b)(3). 

rial. 

64 Foreign distribution of source material. 

65 Reporting 5(b)(4). 

66 Acquisition 5(b)(5)-(6). 

67 Operations on lands belonging to the 5(b)(7). 

United States. 

68 Public and acquired lands 5(bM7). 

69 Prohibition 5(d)(2). 

Byproduct Material 

81 Domestic distribution 5(c)(2). 

82 Foreign distribution of byproduct 

material. 
Military Applications of Atomic Energy 

91 Authority 6(a). 

92 Prohibition 6(b). 

Utilization of Atomic Energy 

101 License required 7(a) and 4(b). 

1 02 Finding of practical value 7(b). 

103 Commercial licenses 7(c). 

104 Medical therapy and research and 7(a) and 4(e). 

development. 

105 Antitrust provisions 7(c), 

1 06 Classes of facilities 

1 07 Operators licenses 

108 War on national emergency 

1 09 Component parts of facilities 

110 Exclusions __ 

International Arrangements 

121 Effect of international arrangements 8(b). 

122 Policies contained in international ar- 8(c). 

rangements. 

123 Cooperation with other nations 10(a)(3). 

124 International atomic pool 

125 Cooperation with Berlin. . 

Control of Information 

141 Policy _ 10(a) (l)-(2). 

142 Classification and declassification of 

restricted data. 

143 Department of Defense participation.. 

144a International cooperation 10(a)(3). 

144b 



315 

?boss Reference Charts — Atomic Energy Acts of 1946 and 1954 — Continued 
New Old 

Control of Information — Continued 

Sec 

144c 

144d 

145a Restrictions 10(b) (5) (B) (i). 

145b 10(b)(5)(B)(ii). 

145c 

145d 10(b)(5)(B)(iv). 

145e 10(b) (5) (B)(v). 

145f 10(b)(5)(B)(vi). 

145g 

145h 

146a General provisions 10(b)(6). 

146b 

'atents and Inventions 

151 Military utilization 11(a) (l)-(3) and 11(d). 

152 Inventions conceived during Commis- 

sion contracts. 

153 Xonmilitary utilization 11(c). 

154 Injunctions 11(c)(3). 

155 Prior art 

156 Commission patent permits 

157 Compensation, awards, and royalties 11(e). 

158 Monopolistic use of patents 

159 Federally financed research 

160 Saving clause 

General Authority 

161a General provisions 12(a)(1). 

161b 12(a)(2). 

161c 12(a)(3) and 2a (3). 

161d 12(a)(4). 

161e 12(a)(5). 

161f 12(a)(6). 

161g 12(a)(7) and 11(d). 

161h 12(a). 

161i 12(a). 

161j 12(a)(8). 

161k 12(a)(9). 

1611 

161m 

161n 

161o 10(c). 

161p 12(a) (10). 

161q 

161r 

161s 

161t 

161u 

161 v 

162 Contracts 12(b). 

163 Advisory committees 12(c). 

164 Electric utility contracts 12(d). 

165 Contract practices 

166 Comptroller General audit 

167 Claim settlements 

168 Payments in lieu of taxes 9(b). 

169 No subsidy 

170 Indemnification and limitation of 

liability. 
Compensation for Private Property Acquired 

171 Just compensation 13(a). 

172 Condemnation of real property 13(b). 

173 Patent application disclosures 

174 Attorney General approval of title 



316 






Cross Reference Charts — Atomic Energy Acts of 1946 and 1954 — Continued 

New Old 

Judicial Review and Administrative Procedure 
Sec. 

181 General 14. 

182 License applications 

183 Terms of licenses 

184 Inalienability of licenses 

185 Construction permits 

186 Revocation 

187 Modification of license 

188 Continued operation of facilities 

189 Hearings and judicial review 

190 Licensee Incident Reports 

191 Atomic Safety and Licensing Board 

Joint Committee on Atomic Energy 

201 Membership 15(a). 

202 Authority and duty 15(b). 

203 Chairman 15(c). 

204 Powers 15(d). 

205 Staff and assistance 15(e). 

206 Classification of information 

207 Records 

Enforcement 

22 1 a General provisions 1 (b) (v) (B) (vii) . 

221b 10(b) (v)(C). 

221c 10(b)(5)(A). 

222 Violation of specific sections 16a. 

223 Violation of sections generally 16b. 

224 Communication of restricted data 10(b)(2). 

225 Receipt of restricted data 10(b)(3). 

226 Tampering with restricted data 10(b)(4). 

227 Disclosure of restricted data 

228 Statute of limitations 

229 Trespass upon Commission installa- 

tions. 

230 Photographing, etc., of Commission in- 

stallations. 

231 Other laws 10(b)(6). 

232 Injunction proceedings 16c. 

233 Contempt proceedings 16d. 

234 Civil monetary penalties for violations 

of licensing requirements. 
Miscellaneous 

241 Transfer of property 9(a). 

251 Report to Congress 17. 

261 Appropriations 19. 

271 Agency jurisdiction 

272 Applicability of Federal Power Act 

273 Licensing of Government agencies 

274 Cooperation with States 

281 Separabilny of provisions 20. 

291 Short title 21. 

Old New 

Declaration of Policy 
Sec. 

1(a). Findings and Declaration 1 

1(b). Purpose of Act 3 

Organization 

2(a)(1). Atomic Energy Commission 21 

2(a)(2) 22 

2(a)(3) 23 

2(a)(4) 24-25 

2 (b) . General Advisory Committee 26 

2(c). Military Liaison Committee 27 

2(d). Appointment of Army, Navy, or Air Force officers 28 



317 

Cross Reference Charts — Atomic Energy Acts of 1946 and 1954 — Continued 

Old New 

Research 
Sec. 

3 (a) . Research assistance 31 

3(b). Research by the Commission 32 

Production of Fissionable Material 

4(a) . Definition llu 

4(b). Prohibition 101 

4(c). Ownership and operation of production facilities 41 

4(d). Irradiation of materials 42 

4(e). Manufacture of production facilities 101, 104 

Control of Materials 

5(a)(1). Fissionable materials definition laa 

5(a)(2). Government ownership of all fissionable material 

5(a)(3). Prohibition 57 

5 (a) (4) . Distribution of fissionable material 53 

5(a)(5). 55 

5(b)(1). Definition, source material llz 

5 (b) (2) . License for transfers required 62 

5(b)(3). Issuance of licenses 63 

5(b)(4). Reporting 65 

5 (b) (5) . Acquisition 66 

(5)(b)(6). Exploration 66 

(5) (b)(7). Public lands 67-68 

(5) (c) (1) . Definition, byproduct material lie 

(5) (c)(2). Distribution 81 

(5) (d)(1) 57 

(5) (d)(2) 69 

Military Applications of Atomic Energy 

6(a). Authority 92 

6(b). Prohibition 91 

Utilization of Atomic Energy 

7 (a) . License required 102 

7(b). Report to Congress 102 

7(c). Issuance of licenses 103 

7 (d) . Byproduct power 44 

International Arrangements 

Section: 

8 (a) . Definition lln 

8(b). Effect of international arrangements 121 

8 (c) . Policies contained in international arrangements 122 

Property of the Commission 

9(a) 241 

9(b) 168 

Control of Information 

10(a)(1). Policy 141a 

10(a)(2) 141b 

10(a)(3) 144a-123 

10(b)(1) lly 

10(b)(2) 224 

10(b)(3) 225 

10(b)(4) 226 

10(b)(5)(A) 221c 

10(b) (5) (B)(i) 145a 

10(b)(5)(B)(ii) 145b 

10(b)(5)(B) (hi) 

10(b)(5)(B)(iv) 145d 

10(b) (5) (B)(v) 145e 

10(b)(5)(B)(vi) 145f 

10(b)(5)(B)(vii) 221a 

10(b)(5)(C) 221b 

10(b)(6) 145a-223f 

10(c) 161o 



318 

Cross Reference Charts — Atomic Energy Acts op 1946 and 1954 — Continuec 

Old Net 

Patents and Inventions 

Sec. 

Ufa). Production and military utilization 151 

1 1 (b) . Use of inventions for research 

11(c). Nonmilitary utilization 153 

1 1 (d) . Acquisition of patents 161g 

ll(eKl). Patent Compensation Board 157a 

11(e)(2). Eligibility 157b 

11(61(3). Standards 157c 

ll(ej(4). Judicial review 189 

General Authority 

12(a)(1) 161a 

12(a)(2) 161b 

12(a)(3) 161c 

12(a)(4) 161d 

12(a)(5) 161e 

12(a)(6) 161f 

12(a)(7) 161g 

12(a)(8) 161j 

12(a)(9) 161k 

12(a) (10) 161p 

12(b). Security 162 

12(c). Advisory committees 163 

12(d) 164 

Compensation for Private Property Acquired 

13(a) 171 

13(b) 172 

Judicial Review and Administrative Procedure 

14 181 

Joint Committee on Atomic Energy 

15(a) 201 

15(b) 202 

15(c) 203 

15(d) 204 

15(e) 205 

Enforcement 

16(a) 222 

16(b) 223 

16(c) 230 

16(d) 231 

Reports 

17 251 

Definitions 

18(a) lie 

18(b) 111 

18(c) lis 

18(d) llbb 

18(e) llx 

18(f) lice 

18(g) llv 

Appropriations 

19 261 

Separability of Provisions 

20 281 

Short Title 

21 291 



APPENDIX 7 



List of Amendments to the Atomic Energy Acts, 1946-1978 

Public Law 585, 79th Congress (60 Stat. 755)— The Atomic Energy Act of 1946. 
Approved August 1, 1946. 

Public Law 898, 80th Congress (62 Stat. 1259)— To provide for the extension of 
the terms of office of the present members of the Atomic Energy Commission. 
Approved July 3, 1948. 

Public Law 14. 81st Congress (63 Stat. 11)— To retrocede to the State of New 
Mexico exclusive jurisdiction held by the United States over lands within the 
boundaries of the Los Alamos Project of the United Stcites Atomic Energy 
Commission. Approved March 4. 1940. 

Public Law 3-17, 81st Congress (63 Stat. 762) — To amend the Atomic Energy 
Act of 1946 (providing for changes in the Military Liaison Committee). 
Approved October 11, 1949. 

Public Law 820, 81st Congress (64 Stat. 979)— To amend the Atomic Energy 
Act of 1946 (changing compensation to be received by members of the Atomic 
Energy Commission). Approved September 23, 1950. 

Public Law 235, 82d Congress (65 Stat. 692) — To amend the Atomic Energy 
Act of 1946, as amended (relating to the control of atomic information). 
Approved October 30, 1951. 

Public Law 298, 82d Congress (66 Stat. 44) — To provide for certain investigations 
by the Civil Service Commission in lieu of the Federal Bureau of Investigation, 
and for other purposes. Approved April 5, 1952. 

Public Law 137, 83d Congress (67 Stat. 181) — To amend the Atomic Energy Act 
of 1946, as amended (providing for entering into long-term contracts for 
electric-utility services). Approved July 17, 1953. 

Public Law 164, 83d Congress (67 Stat. 757) — To amend the Atomic Energy Act 
of 1946, as amended (relating to the control of information, FBI investigations, 
carrying of firearms, etc. ) . Approved July 31, 1953. 

Public Law 2G2, S3d Congress (67 Stat. 575) — To amend section 9(b) of the 
Atomic Energy Act of 1946 (relating to the exemption of activities of the 
Atomic Energy Act from State and local taxation). Approved August 13, 1953. 

Public Law 703, S3d Congress (68 Stat. 919)— Atomic Energy Act of 1954 (this 
act superseded the Atomic Energy Act of 1946). Approved August 30, 1954. 

Public Law 31, 84th Congress (69 Stat. 47) — Authorizes the Atomic Energy 
Commission to construct a principal office building in or near the District of 
Columbia from funds now available or to be appropriated. Approved May 6, 
1955. 

Public Law 141. 84th Congress (69 Stat. 366) — To authorize appropriations for 
the AEC for the acquisition or condemnation of real property or any facility, 
or for plant or facility acquisition, construction, or expansion, and for other 
purposes. Approved July 11, 1955. 

Public Law 165. 84th Congress (69 Stat. 47) — The Atomic Weapons Rewards 
Act of 1955 — To provide rewards for information concerning the illegal intro- 
duction into the United States, or the illegal manufacture or acquisition in the 
United States of special nuclear materials and atomic weapons. Approved 
July 15, 1955. 

Public Law 221, 34th Congress (69 Stat. 471)— The Atomic Energy Community 
Act of 1955 (facilitates the establishment of local self-government at the com- 
munities of Oak Ridge, Tenn., and Richland, Wash., and provides for the 
disposal of federally owned properties of such communities). Approved 
August 4, 1955. 

Public Law 337, 84th Congress (69 Stat. 630)— Authorizes the payment of the 
salary of a member of the Atomic Energy Commission who is appointed during 
the recess of Congress, and amends section 21 of the Atomic Energy Act of 
1954 relating to the equal authority and responsibility of all AEC Commis- 
sioners. Approved August 9, 1955. 

(319) 



320 

Public Law 506, 84th Congress (60 Stat. 127) — To authorize appropriations for 
the Atomic Energy Commission for acquisition or condemnation of real prop- 
erty or any facilities, or for plant or facility acquisition, constuction, or 
expansion, and for other purposes. Approved May 3, 1956. 

Public Law 722, 84th Congress (70 Stat. 553) — To amend the Atomic Energy Act 
of 1954, to permit the negotiation of commercial leases at atomic energy com- 
munities, and for other purposes. Approved July 14, 1956. 

Public Law 802, 84th Congress (70 Stat. 653)— To amend the Atomic Energy 
Community Act of 1955, and for other purposes. Approved July 25, 1956. 

Public Law 981, 84th Congress (70 Stat. 1035)— To amend Public Law 506, 84th 
Congress, 2d session, to increase the authorization for appropriations to the 
Atomic Energy Commission for acquisition or condemnation of real property, 
or any facilities, or for plant or facility acquisition, construction, or expansion, 
and for other purposes. Approved August 6, 1956. 

Public Law 1006, 84th Congress (70 Stat. 1069)— To amend the Atomic Energy 
Act of 1954, as amended, and for other purposes. Approved August 6, 1956. 

Public Law 85-14, 85th Congress (71 Stat. 11) — To amend the Atomic Energy 
Act of 1954, as amended, and for other purposes (providing that the President 
may authorize the Atomic Energy Commission to enter into an agreement with 
the Federal Republic of Germany on behalf of Berlin). Approved April 12, 
1957. 

Public Law 85-79, 85th Congress (71 Stat. 274)— To amend the Atomic Energy 
Act of 1954, as amended, and for other purposes (amends section 261 — Appro- 
priations — To increase the authorization requirements for appropriations, etc.). 
Approved July 3, 1957. 

Public Law 85-162, 85th Congress (71 Stat. 403) — To authorize appropriations 
for the Atomic Energy Commission in accordance with section 261 of the 
Atomic Energy Act of 1954, as amended, and for other purposes. Approved 
August 21, 1957. 

Public Law 85-177, 85th Congress (71 Stat. 453) — To provide for the appointment 
of representatives of the United States in the organs of the International 
Atomic Energy Agency, and to make other provisions with respect to the 
participation of the United States in that Agency, and for other purposes. 
Approved August 28, 1957. 

Public Law 85-256, 85th Congress (71 Stat. 576)— To amend the Atomic Energy 
Act of 1954, as amended, and for other purposes (providing for a program of 
Government indemnification and limitation of liability and establishes an 
Advisory Committee on Reactor Safeguards). Approved September 2, 1957. 

Public Law 85-287, 85th Congress (71 Stat. 612)— To amend the Atomic Energy 
Act of 1954, as amended, to increase the salaries of certain executives of the 
Atomic Energy Commission, and for other purposes. Approved September 4, 
1957. 

Public Law 85-412, 85th Congress (72 Stat. 117)— To amend Public Law 85-162, 
to increase the authorization for appropriations to the Atomic Energy Com- 
mission in accordance with section 261 of the Atomic Energy Act of 1954, as 
amended, and for otber purposes. Approved May 16, 1958. 

Public Law 85-479, 85th Congress (72 Stat. 276)— To amend the Atomic Energy 
Act of 1954, as amended, to provide for greater exchange of military informa- 
tion and materinl with allies. Approved Julv 2, 1958. 

Public Law 85-519, 85th Congress (72 Stat. 358)— To further amend Public Law 
85-162, to increase authorization for appropriation for the Atomic Energy 
Commission in accordance with section 261 of the Atomic Energy Act of 1954, 
as amended, and for other purposes. Approved July 15, 1958. 

Public Law 85-590, 85th Congress (72 Stat. 490)— To authorize appropriations 
for the Atomic Energy Commission for fiscal year 1959 in accordance with 
section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purposes. Approved August 4, 1958. 

Public Law 85-602, 85th Congress (72 Stat. 525)— To amend the Atomic Energy 
Act of 1954, as amended, with respect to indemnity agreements for the NS 
Savannah. Approved August 8, 1958. 

Public Law 85-681, 85th Congress (72 Stat. 632)— To nmend the Atomic Energy 
Act of 1954, as amended, for various purposes (AEC omnibus bill). Approved 
August 19, 1958. 

Public Law 85-744, 85th Congress (72 Stat. 837) — To nmend the Atomic Energy 
Act of 1954, as amended with respect to indemnity agreements for nonprofit 
educational institutions. Approved August 23, 1958. 



321 

Public Law 85-846, 85th Congress (72 Stat. 1084)— To provide for cooperation 
with the European Atomic Energy Community. Approved August 28, 1958. 

Senate Concurrent Resolution 116, 85th Congress, to approve agreements between 
the Government of the United States of America and the European Atomic 
Energy Community (Euratom) signed at Brussels on May 29, 1958, and at 
Washington on June 19, 1958, concerning cooperation for the advancement of 
the peaceful application of atomic energy. Passed both Houses of Congress 
August 20, 1958. 

Public Law 86-43, 86th Congress (73 Stat. 73)— To amend section 251 of the 
Atomic Energy Act of 1954, as amended, to provide for the submission by the 
Atomic Energy Commission of an annual rather than a semiannual report to 
Congress. Report to be submitted in January of each year. Approved June 11, 
1959. 

Public Law 86-44, 86th Congress (73 Stat. 73)— To amend Public Law 85-590 
to increase the authorization for appropriations to the Atomic Energy Commis- 
sion for project 59-C-5, phermex installation, Los Alamos. Approved June 11, 
1959. 

Public Law 86-50, 86th Congress (73 Stat. 81) — To authorize appropriations for 
the Atomic Energy Commission in accordance with section 261 of the Atomic 
Energy Act of 1954, as amended, and for other purposes (Authorization Act 
for fiscal year 1960). Approved June 23, 1959. 

Public Law 86-300, 86th Congress (73 Stat. 574)— To amend subsection 161m 
of the Atomic Energy Act of 1954, as amended with respect to agreements for 
the reprocessing of irradiated fuel elements, and section 163 of the Atomic 
Energy Act of 1954, as amended with respect to Atomic Energy Commission 
advisory committees. Approved September 21. 1959. 

Public Law 86-373, S6th Congress (73 Stat. 688) — To amend the Atomic Energy 
Act of 1954, as amended, by adding a new section 274 with respect to Coopera- 
tion with States. Approved September 23, 1959. 

Public Law 86-457, 86th Congress (74 Stat. 120) — To authorize appropriations 
for the Atomic Energy Commission in accordance with section 261 of the Atomic 
Energy Act of 1954, as amended. Approved May 13, 1960. 

Public Law 87-52, 87th Congress (75 Stat. 94) — To authorize construction of 
community support facilities at Los Alamos County, N. Mex. Approved June 16, 
1961. 

Public Law 87-174, 87th Congress (75 Stat. 409) — To amend section 53 c. of 
the Atomic Energy Community Act of 1958. Approved August 30, 1961. 

Public Law 87-200, 87th Congress (75 Stat. 475) — To amend various sections of 
the Atomic Energy Act of 1954, as amended, and the Euratom Cooperation 
Act of 1958, and for other purposes. Approved September 6, 1961. 

Public Law 87-315, 87th Congress (75 Stat. 676) — To authorize appropriations 
for the Atomic Energy Commission in accordance with section 261 of the 
Atomic Energy Act of 1954, as amended, and for other purposes. Approved 
September 26, 1961. 

Public Law 87-363, 87th Congress (75 Stat. 782) — To waive certain provisions 
of the Atomic Energy Act of 1954 so as to permit the agreement for cooperation 
between the United States and France to be made immediately effective. 
Approved October 4, 1961. 

Public Law 87-015, 87th Congress (76 Stat. 409)— To amend the Atomic Energy 
Act of 1954, as amended, and for other purposes. Approved August 29, 1962. 

Public Law 87-701, 87th Congress (76 Stat. 599) — To authorize appropriations 
for the Atomic Energy Commission in accordance with section 261 of the 
Atomic Energy Act of 1954, as amended, and for other purposes. Approved 
September 26, 1962. 

Public Law 87-719, 87th Congress (76 Stat. 664)— To amend the Atomic Energy 
Community Act of 1955, as amended, to provide for the disposal of federally 
owned properties at Los Alamos, X. Mex., and for other purposes. Approved 
September 28, 1962. 

Public Law 88-72, 88th Congress (77 Stat. 84) — To authorize appropriations for 
The Atomic Energy Commission in accordance with section 261 of the Atomic 
Energy Act of 1954, as amended, and for other purposes. Approved July 22, 
1963. 

Public Law 88-189, 8Sth Congress (77 Stat. 343)— To amend Public Law 88-72 
to increase the authorization for appropriations to the Atomic Energy Com- 
mission in accordance with section 261 of the Atomic Energy Act of 1954, as 
amended, and for other purposes. Approved November 29, 1963. 



322 

Public Law 88-294, 88th Congress (78 Stat. 172)— To amend the Atomic Energy 

Act of 1954 (amends section 202) . Approved March 26, 1964. 
Public Law 88-332, 88th Congress (78 Stat. 227 j— To authorize appropriations 

to the Atomic Energy Commission in accordance with section 201 of the Atomic 

Energy Act of 1954, as amended, and for other purposes. Approved June 30, 

1964. 
Public Law 88-394, S8th Congress (78 Stat. 376)— To amend the Atomic Energy 

Act of 1954, as amended, the Atomic Energy Community Act of 1955, as 

amended, and the EURATOM Cooperation Act of 1958, as amended (AEC 

omnibus bill) . Approved August 1, 1964. 
Public Law 88-489, 88th Congress (78 Stat. 602)— To amend the Atomic Energy 

Act of 1954, as amended, and for other purposes (Private Ownership of Special 

Nuclear Materials Act). Approved August 26, 1964. 
Public Law 89-32, 89th Congress (79 Stat. 120) — To authorize appropriations to 

the Atomic Energy Commission in accordance with Section 261 of the Atomic 

Energy Act of 1954, as amended, and for other purposes. Approved June 2, 

1965. 
Public Law 89-135, 89th Congress (79 Stat. 551)— To amend section 271 of the 

Atomic Energy Act of 1954, as amended. Approved August 24. 1965. 
Public Law 89-210, 89th Congress (79 Stat. 855)— To amend sec Lion 170 of the 

Atomic Energy Act of 1954, as amended. Approved September 29, 1965. 
Public Law 89-428, 89th Congress (89 Stat. 162)— To authorize appropriations 

to the Atomic Energy Commission in accordance with Section 261 of the 

Atomic Energy Act of 1954, as amended, and for other purposes. Approved 

May 21, 1966. 
Public Law 89-645, 89th Congress (80 Stat. 891)— To amend section 170 of the 

Atomic Energy Act of 1954, as amended. Approved October 13, 196G. 
Public Law 89-648, 89th Congress (80 Stat. 895)— To amend Public Law 89-428 

to authorize the Atomic Energy Commission to enter into a cooperative 

arrangement for a large-scale combination nuclear power-desalting project. 

Approved October 13, 1966. 
Public Law 90-56, 90th Congress (81 Stat. 124) — To authorize appropriations 

to the Atomic Energy Commission in accordance with section 261 of the Atomic 

Energy Act of 1954, as amended, and for other purposes. Approved July 26, 

1967. 
Public Law 90-190, 90th Congress (81 Stat. 575)— To amend the Atomic Energy 

Community Act of 1955, as amended, the Atomic Energy Act of 1954, as 

amended, and the EURATOM Cooperation Act of 1958, as amended. Approved 

December 14, 1967. 
Public Law 90-289, 90th Congress (82 Stat. 96)— To authorize appropriations to 

the Atomic Energy Commission in accordance with section 261 of the Atomic 

Energy Act of 1954, as amended, and for other purposes. Approved April 19, 

1968. 
Public Law 91-44, 91st Congress (83 Stat. 46)— To authorize appropriations to 

the Atomic Energy Commission in accordance with section 261 of the Atomic 

Energy Act of 1954, as amended, and for other purposes. Anproved July 11, 

1969. 
Public Law 91-161, 91st Congress (83 Stat. 444)— To amend sections 153h. 221c, 

222, 223, 224, 225, 226, and add section 234 to the Atomic Energy Act of 1954, 

as amended. Approved December 24, 1969. 
Public Law 91-273, 91st Congress (84 Stat. 299)— To authorize appropriations 

to the Atomic Energy Commission in accordance with section 261 of the Atomic 

Energy Act of 1954, as amended, and for other purposes. Approved June 2, 

1970. 
Public Law 91-560, 91st Congress (84 Stat. 1472)— To amend the Atomic Energv 

Act of 1954, as amended (sees. 31, 56, 196, 103, 104, 105, 161, 182, 191, and 

274) to eliminate the requirement for a finding of practical value and for other 

purposes. Approved December 19. 1970. 
Public Law 91-580, 91st Congress (84 Stat. 1565)— To amend Public Law 91-273 

to increase authorization of appropriations for fiscal year 1971. Approved 

December 24, 1960. 
Public Law 92-84, 92d Congress (85 Stat. 304) — To authorize appropriations to 

the Atomic Energy Commission in accordance with section 261 of the Atomic 

Energy Act of 1954, as amended, and for other purposes. Approved August 11, 

1971. 



323 

Public Law 92-307, 92d Congress (86 Stat. 191)— To authorize the AEC to issue 
temporary operating licenses for nuclear power reactors under certain circum- 
stances. Approved June 2, 1972. 

Public Law 92-314, 9d Congress (86 Stat. 222) — To authorize appropriations to 
the Atomic Energy Commission in accordance with section 61 of the Atomic 
Energy Act of 1954, as amended, and for other purposes. Approved June 16, 
1972. 

Public Law 93-60, 93d Congress (77 Stat. 88) — To authorize appropriations to 
the Atomic Energy Commission in accordance with section 261 of the Atomic 
Energy Act of 1954, as amended, and for other purposes. Approved July 6, 1973. 

Public Law 93-88, 93d Congress (81 Stat. 578)— To amend the Euratom Co- 
operation Act of 1958, as amended. Approved August 14, 1973. 

Public Law 93-158, 93d Congress (87 Stat. 627)— To amend Public Law 93-60 to 
increase the authorization for appropriations to the Atomic Energy Commission 
in accordance with section 261 of the Atomic Energy Act of 1954, as amended, 
and for other purposes. Approved November 26, 1973. 
! Public Law 93-276, 93d Congress (88 Stat. 115) — To authorize appropriations 
to the Atomic Energy Commission in accordance with section 261 of the Atomic 
Energy Act of 1954, as amended, and for other purposes. Approved May 10, 
1974. 
I Public Law 93-377, 93d Congress (88 Stat. 472)— To amend the Atomic Energy 
Act of 1954, as amended, and the Atomic Weapons Rewards Act of 1955, and 
for other purposes. Approved August 17, 1974. 
\ Public Law 93-485, 93d Congress (88 Stat. 1460)— To amend the Atomic Energy 
Act of 1954, as amended, to enable Congress to concur in or disapprove inter- 
national agreements for cooperation in regard to certain nuclear technology. 
Approved October 26, 1974. 

Public Law 93-513, 93d Congress (88 Stat. 1610)— Assuring compensation for 
damages caused by nuclear incidents involving the nuclear reactor of a United 
States Warship. Approved December 6, 1974. 

Public Law 93-514, 93d Congress (88 Stat. 1611)— To provide available nuclear 
information to committees and Members of Congress. Approved December 6, 
1974. 

Public Law 93-576, 93d Congress (88 Stat. 1878)— To amend Public Law 93-276 
to increase the authorization for appropriations to the Atomic Energy Com- 
mission in accordance with section 261 of the Atomic Energy Act of 1954, as 
amended, and for other purposes. Approved December 31, 1974. 

Public Law 93-616, 93d Congress (88 Stat. 1977)— To designate a national 
laboratory as the "Holifield National Laboratory". Approved January 2, 1975. 

Public Law 94-18, 94th Congress (89 Stat. 80)— To authorize supplemental 
appropriations to the Nuclear Regulatory Commission for fiscal year 1975. 

Public Law 94-79, 94th Congress (89 Stat. 413) — To authorize appropriations 
to the Nuclear Regulatory Commission in accordance with section 261 of the 
Atomic Energy Act of 1954, as amended, and section 305 of the Energy 
Reorganization Act of 1974, and for other purposes. 

Public Law 94-187, 94th Congress (89 Stat. 1063) — To authorize appropriations 
to the Energy Research and Development Administration in accordance with 
section 261 of the Atomic Energy Act of 1954, as amended, section 305 of the 
Energy Reorganization Act of 1974, and section 16 of the Federal Nonnuclear 
Energy Research and Development Act of 1974, and for other purposes. 

Public Law 94-197, 94th Congress, (89 Stat. 1111)— To amend the Atomic 
Energy Act of 1954, as amended, to provide for the phaseout of governmental 
indemnity as a source of funds for public remuneration in the event of a nuclear 
incident, and for other purposes. 

Public Law 94-269, 94th Congress (90 Stat. 371)— To amend Public Law 94-187 
to increase the authorization for appropriations to the Energy Research and 
Development Administration in accordance with section 261 of the Atomic 
Energy Act of 1954, as amended, section 305 of the Energy Reorganization Act 
of 1974, and section 16 of the Federal Nonnuclear Energy Research and Devel- 
opment Act of 1974, and for other purposes. 

Public Law 94-291, 94th Congress (90 Stat. 523) — To authorize appropriations 
to the Nuclear Regulatory Commission in accordance with section 261 of the 
Atomic Energy Act of 1954, as amended, and section 305 of the Energy Reorga- 
nization Act of 1974, as amended, and for other purposes. 

Public Law 94-473, 94th Congress (90 Stat. 2065)— Joint resolution making con- 
tinuing appropriations for the fiscal year 1977, and for other purposes. 



324 

Public Law 05-2(5, 95th Congress (91 Stat. 61)— To make supplemental appropria- 
tions for the fiscal year ending September 31, 1977, and for other purposes. 

Public Law 95-91, 95th Congress (91 Stat. 565)— To establish a Department of 
Energy in the executive branch by the reorganization of energy functions with- 
in the Federal Government in order to secure effective management to assure a 
coordinated national energy policy, and for other purposes. 

Public Law 95-96, 95th Congress (91 Stat. 797) — To make appropriations for 
public works, for water and power development, and energy research for the 
fiscal year ending September 30. 1978, and for other purposes. 

Public Law 95-110, 95th Congress (91 Stat. 884)— To abolish the Joint Com- 
mittee on Atomic Energy and to reassign certain functions and authorities 
thereof, and for other purposes. 

Public Law 95-209. 95th Congress (91 Stat. 14S1)— To authorize appropria- 
tions for the Nuclear Regulatory Commission for the fiscal year 1978, and for 
other purposes. 

Public Law 95-238, 95th Congress (92 Stat. 47) — To authorize appropriations 
to the Department of Energy, for energy research, development, and demon- 
stration, and related programs in accordance with section 261 of the Atomic 
Energy Act of 1954, as amended, section 305 of the Energy Reorganization Act 
of 1974, and section 16 of the Federal Nonnuclear Energy Research and De- 
velopment Act of 1974, and for other purposes. 

Public Law 95-242, 95th Congress (92 Stat. 120) — To provide for more efficient 
and effective control over the proliferation of nuclear explosive capability. 

Public Law 95-601, 95th Congress (92 Stat. 2947) — To authorize appropriations 
to the Nuclear Regulatory Commission for fiscal year 1979, and for other 
purposes. 

Public Law 95-604. 95th Congress (92 Stat. 3021)— To authorize the Secretary 
of Energy to enter into cooperative agreements with certain States respecting 
residual radioactive material at existing sites, to provide for the regulation of 
uranium mill tailings under the Atomic Energy Act of 1954, and for other 
purposes. 



APPEXDIX 8 



Executive Order 9816 

Providing for the Transfer of Properties and Personnel to the Atomic 

Energy Commission 

By virtue of the authority vested in me by the Constitution and the statutes, 
including the Atomic Energy Act of 1946, and as President of the United States 
and Commander in Chief of the Army and the Navy, it is hereby ordered and 
directed as follows : 

1. There are transferred to the Atomic Energy Commission all interests owned 
by the United States or any Government agency in the following property : 

(a) All fissionable material; all atomic weapons and parts thereof; all facili- 
ties, equipment, and materials for the processing, production, or utilization of 
fissionable material or atomic energy ; all processes and technical information 
of any kind, and the source thereof (including data, drawings, specifications, 
patents, patent applications, and other sources) relating to the processing, pro- 
duction, or utilization of fissionable material or atomic energy ; and all con- 
tracts, agreements, leases, patents, applications for patents, inventions and dis- 
coveries (whether patented or unpatented), and other rights of any kind con- 
cerning any such items. 

(b) All facilities, equipment, and materials, devoted primarily to atomic 
energy research and development. 

2. There also are transferred to the Atomic Energy Commission all property, 
real or personal, tangible or intangible, including records, owned by or in the 
possession, custody or control of the Manhattan Engineer District, War Depart- 
ment, in addition to the property described in paragraph 1 above. Specific items 
of such property, including records may be excepted from transfer to the Com- 
mission in the following manner : 

(a) The Secretary of War shall notify the Commission in writing as to the 
specific items of property or records he wishes to except ; and 

(b) If after full examination of the facts by the Commission, it concurs in 
the exception, those specific items of property or records shall be excepted from 
transfer to the Commission ; or 

(c) If after full examination of the facts by the Commission, it does not con- 
cur in the exception, the matter shall be referred to the President for decision. 

3. The Atomic Energy Commission shall exercise full jurisdiction over all in- 
terests and property transferred to the Commission in paragraphs 1 and 2 above, 
in accordance with the provisions of the Atomic Energy Act of 1946. 

4. Any Government agency is authorized to transfer to the Atomic Energy 
Commission, at the request of the Commission, any property, real or personal, 
tangible or intangible, acquired or used by such Government agency in connection 
with any of the property or interests transferred to the Commission by para- 
graphs 1 and 2 above. 

5. Each Government agency shall supply the Atomic Energy Commission with a 
report on, and an accounting and inventory of, all interests and property, de- 
scribed in paragraphs 1, 2 and 4 above, owned by or in the possession, custody, 
or control of such Government agency, the form and detail of such report, ac- 
counting and inventory, to be determined by mutual agreement, or, in case of 
nonagreement, by the Director of the Bureau of the Budget. 

6. (a) There also are transferred to the Atomic Energy Commission, all civilian 
officers and employees of the Manhattan Engineer District, War Department, 
except that the Commission and the Secretary of War may by mutual agreement 
exclude any of such personnel from transfer to the Commission. 

(325) 



326 

(b) The military and naval personnel heretofore assigned or detailed to the 
Manhattan Engineer District, War Department, shall continue to be made avail- 
able to the Commission, for military and naval duty, in similar manner, without 
prejudice to the military or naval status of such personnel, for such periods of 
time as may be agreed mutually by the Commission and the Secretary of War or 
the Secretary of the Navy. 

7. The assistance and the services, personal or other, including the use of 
property, heretofore made available by any Government agency to the Manhattan 
Engineer District, War Department, shall be made available to the Atomic 
Energy Commission for the same purposes as heretofore and under the arrange- 
ments now existing until terminated after 30 days notice given by the Commis- 
sion or by the Government agency concerned in each case. 

8. The Commission is authorized to exercise all of the powers and functions 
vested in the Secretary of War by Executive Order No. 9001, of December 27, 
1941, as amended, in so far as they relate to contracts heretofore made by or 
hereby transferred to the Commission. 

9. Such further measures and dispositions as may be determined by the 
Atomic Energy Commission and any Government agency concerned to be neces- 
sary to effectuate the transfers authorized or directed by this order shall be 
carried out in such manner as the Director of the Bureau of the Budget may 
direct and by such agencies as he may designate. 

10. This order shall be effective as of midnight, December 31, 1946. 

Harry S. Truman. 
The White House, 
December 81, 1946. 

[P.R. Doc. 46-22112 ; Filed, Dec. 31. 1946 ; 5 : 05 p.m.] 



APPEXDIX 9 



NEC Appropriations 

APPROPRIATIONS FOR THE ATOMIC ENERGY PROGRAM (FISCAL YEAR 

1976 ON) 

(89 Stat. 173) 

[Public Law 94-32] 

[H.R. 5899] 

[June 12, 1975] 

AN ACT Making supplemental appropriations for the fiscal year 
ending June 30, 1975, and for other purposes 

Be it enacted oy the Senate and House of Representatives of Supplemental 
the United States of America in Congress assembled, That the Appropriations 
following sums are appropriated, out of any money in the Treasury Act t 1975. 
not otherwise appropriated, to supply supplemental appropriations 
(this Act may be cited as the "Second Supplemental Appropria- 
tions Act, 1975") for the fiscal year ending June 30, 1975, and for 
the other purposes, namely : 

TITLE I 

* * * * * 

CHAPTER VIII 

* * * * * 

Nuclear Regulatory Commission 

salaries and expenses 

For necessary expenses of the Nuclear Regulatory Commission 
as authorized by law, including services as authorized by 5 U.S.C. 
3109, $44,400,000, to remain available until expended. 

* * * * * 

TITLE II 

increased pay costs 

For additional amounts for appropriations for the fiscal year 
1975, for increased pay costs authorized by or pursuant to law, as 
follows : 



ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION 

"Operating expenses", $5,681,000, to remain available until ex- 
pended ; 



(327) 



328 



Nuclear Regulatory Commission 

"Salaries and expenses", $1,540,000, to remain available until 
expended ; 



TITLE III 



Fiscal year 
limitation. 



GSA, space 
and services. 



40 USC 490. 
Busing. 



42 USC 2000c. 



Busing. 



42U.S.C. 2000c. 



School trans- 
portation 
funds. 



U.S. Postal 
Service, re- 
imbursement. 



GENERAL PROVISIONS 

Sec. 301. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current iiscal 
year unless expressly so provided herein. 

Sec 302. Except where specifically increased or decreased 
elsewhere in this Act, the restrictions contained within appro- 
priations, or provisions affecting appropriations or other funds, 
available during the fiscal year 1975, limiting the amounts which 
may be expended for personal services, or for purposes involving 
personal services, or amounts which may be transferred between 
appropriations or authorizations available for or involving such 
services, are hereby increased to the extent necessary to meet 
increased pay costs authorized by or pursuant to law. 

Sec. 303. No part of any appropriation, funds, or other au- 
thority contained in this Act shall be available for paying to the 
Administrator of the General Services Administration in excess 
of 90 per centum of the standard level user charge established 
pursuant to section 210 (j) of the Federal Property and Admin- 
istrative Services Act of 1949, as amended, for space and services. 

Sec. 304. No part of the funds contained in this Act may be 
used to force any school or school district which is desegregated 
as that term is defined in title IV of the Civil Rights Act of 1964, 
Public Law 88-352, to take any action to force the busing of 
students ; to force on account of race, creed, or color the abolish- 
ment of any school so desegregated; or to force the transfer or 
assignment to any student attending any elementary or secondary 
school so desegregated to or from a particular school over the 
protest of his or her parents or parent. 

Sec 305. (a) No part of the funds contained in this Act shall 
be used to force any school or school district which is desegre- 
gated as that term is defined in title IV of the Civil Rights Act of 
1964, Public Law 88-352, to take any action to force the busing 
of students ; to require the abolishment of any school so desegre- 
gated ; or to force on account of race, creed, or color the transfer 
of students to or from a particular school so desegregated as a 
condition precedent to obtaining Federal funds otherwise avail- 
able to any State, school district, or school. 

(b) No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation 
of students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegrega- 
tion of any school system. 

Sec. 306. Unobligated balances of operation and maintenance ap- 
propriations available to the Department of Defense— Military, 
in an amount not to exceed 818,950,000 in fiscal year 1973 and 
$23,891,000 in fiscal year 1974, shall be available to reimburse 
the United States Postal Service for service rendered to the 
Department of Defense during those fiscal years. 



329 



(89 Stat. 1035) 

[Public Law 94-180] 

[H.R. 8122] 

[December 26, 1975] 

AX ACT Making appropriations for public works for water and 
power development and energy research, including the Corps of 
Engineers — Civil, the Bureau of Reclamation, power agencies 
of the Department of the Interior, the Appalachian regional de- 
velopment programs, the Federal Power Commission, the Ten- 
nessee Valley Authority, the Nuclear Regulatory Commission, 
the Energy Research and Development Administration, and re- 
lated independent agencies and commissions for the fiscal year 
ending June 30, 1976, and the period ending September 30, 1976, 
and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the fol- 
lowing sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the fiscal year ending June 30, 
1976, and the period ending September 30, 1976, for public works 
for water and power development and energy research, including 
the Corps of Engineers — Civil, the Bureau of Reclamation, power 
agencies of the Department of the Interior, the Appalachian re- 
gional development programs, the Federal Power Commission, the 
Tennessee Valley Authority, the Nuclear Regulatory Commission, 
the Energy Research and Development Administration, and re- 
lated independent agencies and commissions, and for other pur- 
poses, namely : 



Public Works 
for Water 
and Power 
Development 
and Energy 
Research 
Appropriation 
Act, 1976. 



TITLE IV— INDEPENDENT OFFICES 

* # * * * 

Nuclear Regulatory Commission 

salaries and expenses 

For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, including the 
employment of aliens ; services authorized by 5 U.S.C. 3109 ; pub- 
lication and dissemination of atomic information ; purchase, re- 
pair, and cleaning of uniforms ; official entertainment expenses 
(not to exceed $7,000) ; reimbursement of the General Services 
Administration for security guard services; hire of passenger 
motor vehicles and aircraft; 8215,423,000: Provided, That from 
this appropriation, transfers of sums may be made to other agen- 
cies of the Government for the performance of the work for which 
this appropriation is made, and in such cases the sums so trans- 
ferred may be merged with the appropriation to which trans- 
ferred. 

For "Salaries and expenses'' in accordance with the above pro- 
visions for the period July 1, 1976, through September 30, 1976, 
$51,425,000. 



42 U.S.C. 5S01 
note. 



TITLE V— GENERAL PROVISIONS 



Fiscal year 
limitation. 



Sec. 501. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein, except as provided by 
section 204 of Public Lav,' 93-554. 
38-938 — 70 22 



Space and 

service 

charges. 



40 U.S.C. 490. 
Short title. 



330 



Sec. 502. No part of any appropriation contained in this Act 
shall by available for paying to the Administrator of the General 
Services Administration in excess of 90 per centum of the stand- 
aid level user charge established pursuant to section 210(j) of 
the Federal Property and Administrative Services Act of 1949, 
as amended, for space and services. 

This Act may be cited as the "Public Works for Water and 
Power Development and Energy Research Appropriation Act, 
1976". 



Public Works 
for Water and 
Power Devel- 
opment and 
Energy Re- 
search Appro- 
priation Act, 
1977. 



(90 Stat. 889) 

[Public Law 94-355] 

[H.R. 14236] 

[July 12, 1976] 

AN ACT 

Making appropriations for public works for water and power development 
and energy research, including the Corps of Engineers — Civil, the 
Bureau of Reclamation, power agencies of the Department of the In- 
terior, the Appalachian regional development programs, the Federal 
Power Commission, the Tennessee Valley Authority, the Nuclear Regu- 
latory Commission, the Energy Research and Development Administra- 
tion, and related independent agencies and commissions for the fiscal 
year ending September 30, 1977, and for other purposes. 

Be it enacted ly the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the fiscal year ending September 
30, 1977, for public works for water and power develop- 
ment and energy research, including the Corps of Engineers — 
Civil, the Bureau of Reclamation, power agencies of the Depart- 
ment of the Interior, the Appalachian regional development pro- 
grams, the Federal Power Commission, the Tennessee Valley 
Authority, the Nuclear Regulatory Commission, the Energy Re- 
search and Development Administration, and related independent 
agencies and commissions, and for other purposes, namely : 



TITLE IV— INDEPENDENT OFFICES 



Nuclear Regulatory Commission 



42 U.S.C. 5801 
note. 



SALARIES AND EXPENSES 

For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, including 
the employment of aliens ; services authorized by 5 U.S.C. 3109 ; 
publication and dissemination of atomic information ; purchase, 
repair, and cleaning of uniforms ; official entertainment expenses 
(not to exceed $10,000) ; reimbursement of the General Services 
Administration for security guard services; hire of passenger 
motor vehicles and aircraft; $244,430,000, to remain available 
until expended: Provided, That from this appropriation, trans- 
fer of sums may be made to other agencies of the Government 
for the performance of the work for which this appropriation 
is made, and in such cases the sums so transferred may be 
merged with the appropriation to which transferred: Provided 
further, Moneys received by the Commission for the cooperative 
nuclear safety research programs may be retained and used for 
salaries and expenses associated with those programs, notwith- 
standing the provisions of section 3617 of the Revised Statutes 
(31 U.S.C. 484), and shall remain available until expended. 



331 

TITLE V— GENERAL PROVISION 

Sec 501. No part of any appropriation contained in this Act Fiscal year 
shall remain available for obligation beyond the current fiscal limitation, 
year unless expressly so provided herein. 

This Act may be cited as the "Public Works for Water and Short title. 
Power Development and Energy Research Appropriation Act, 
1977". 

(91 Stat. 112) 

[Public Law 95-26] 

[H.R. 4S77] 

Making supplemental appropriations for the fiscal year ending 

September 30, 1977. and for other purposes. 

♦ * * * * 

TITLE II— INCREASED PAY COSTS FOR THE FISCAL 
YEAR 1977 

For additional amounts for appropriation for the fiscal year 
1977. for increased pay costs authorized by or pursuant to law, as 
follows : 

***** 

Nuclear Regulatory Commission 

"Salaries and expenses", $4,350,000, to remain available until 
expended ; 

(91 Stat. 807) 

[Public Law 95-96] 

[H.R. 7553] 

Making appropriations for public works for water and power 
development and energy research for the fiscal year ending 
September 30, 1978, and for other purposes. 

***** 

Nuclear Regulatory Commission 

salaries and expenses 

For necessary expenses of the Commission in carrying out the 42 u.S.C. 5801 
purposes of the Energy Reorganization Act of 1974, including the note. 
employment of aliens ; services authorized by 5 U.S.C. 3109 ; 
publication and dissemination of atomic information ; purchase, 
repair, and cleaning of uniforms ; official entertainment expenses 
(not to exceed $10,000) ; reimbursement of the General Services 
Administration for security guard services ; hire of passenger 
motor vehicles and aircraft ; $281,423,000, to remain available 
until expended : Provided, That from this appropriation, transfer 
of sums may be made to other agencies of the Government for 
the performance of the work for which this appropriation is 
made, and in such cases the sums so transferred may be merged 
with the appropriation to which transferred : Provided further, 
That moneys received by the Commission for the cooperative 
nuclear safety research programs may be retained and used for 
salaries and expenses associated with those programs, notwith- 
standing the provisions of section 3G17 of the Revised Statutes 
(31 U.S.C. 484), and shall remain available until expended. 



332 



Fiscal year 
limitation. 



Short title. 



TITLE V— GENERAL PROVISIONS 

Sec. 501. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein. 

This Act may be cited as the "Public Works for Water and 
Q-3 r Devel °P m ent and Energy Research Appropriation Act, 

Approved August 7, 1977. 



(92 Stat. 1603) 

[Public Law 95-1139] 

[H.J. Res. 1139] 

JOINT RESOLUTION 

Making continuing appropriations for the fiscal year 1979, and 
for other purposes. 

Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the follow- 
ing sums ar« appropriated out of any money in the Treasury not 
otherwise appropriated, and out of applicable corporate or other 
revenues, receipts, and funds, for the several departments, agen- 
cies, corporations, and other organizational units of the Govern- 
ment for the fiscal year 1979. 

* * * * * 

Sec. 101. (b) Such amounts as may be necessary, notwithstand- 
ing any other provision of this joint resolution, for the fiscal year 
ending September 30, 1979, for programs, projects, and activities 
to the extent and in the manner provided for in the Energy and 
Water Development Appropriation Act, 1979 (H.R. 12928) as 
enacted by the Congress. 1 



Approved October 18, 1978. 

"Nuclear Regulatory Commission 

"Salaries and Expenses. — For necessary expenses of the Commission 
in carrying out the purposes of the Energy Reorganization Act of l!iT4, 
as amended, including the employment of aliens ; services authorized by 5 
U.S.C. 2109 ; publication and dissemination of atomic information ; pur- 
chase, repair, and cleaning of uniforms ; official entertainment expenses 
(not to exceed $15,000) ; reimbursement of the General Services Adminis- 
tration for security guard services ; hire of passenger motor vehicles 
and aircraft; $322,301,000, to remain available until expended : Provided, 
That from this appropriation, transfer of sums may be made to other 
agencies of the Government for the performance of the work for which 
this appropriation is made, and in such cases the sums so transferred 
may be merged with the appropriation to which transferred: Provided 
further, That moneys received by the Commission for the cooperative 
nuclear safety research programs may be retained and used for salaries 
and expenses associated with those programs, notwithstanding the pro- 
visions of section 3617 of the Revised Statutes (31 U.S.C. 4S4), and 
shall remain available until expended." 



1 XRC's appropriation (provided for in H.R. 12928) as enacted by 
Congress is as follows : 



333 



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APPENDIX 10 



AEC Appropriations 

Appropriations for the Atomic Energy Program (Fiscal Years 1947-75) 

No references to atomic energy will be found in any appropriation bills prior 
to the passage on July 16, 1940, of the Military Appropriation Act for fiscal year 
1947. For security reasons, funds for the atomic bomb project were concealed 
in appropriations for other purposes. 

Appropriated funds disbursed for the atomic energy project before the Atomic 
Energy Commission began operation under the provisions of the Atomic Energy 
Act of 1946 are shown in the following tabulation which appeared in the Eleventh 
Semiannual Report of the Atomic Energy Commission to the Congress of the 
United States, January 30, 1952. The figures given include not only funds dis- 
bursed directly by the Manhattan Engineer District but also relatively small 
amounts that may have been disbursed by other units in the War Department or 
by other agencies by fund transfers by the War Department. 
Appropriated funds disbursed, net of reimbursements : 

National Defense Research Council ' $468, 000 

Office of Scientific Research and Development ' 14, 624, 810 

War Department (Manhattan Engineer Dis- 
trict) : a 

Fiscal year 1943 $77,098,355 

Fiscal year 1944 730,321,470 

Fiscal year 1945 858,571,646 

Fiscal year 1946 366.355,447 

Fiscal year 1947 (part) 186,337,067 

2, 218, 683, 985 

1 Based on published reports. 

2 The Manhattan Engineer District was established on Aug. 13, 1942. 

The funds disbursed by the National Defense Research Council and the Office 
of Scientific Research and Development came principally from direct appropria- 
tions to those agencies and from allocations from the President's emergency 
funds, part of which were authorized for "objects of a confidential nature.*' 

Disbursements by the War Department were made principally from War 
Department — Military establishment appropriations under the following 
headings : 

'Expediting production of equipment and supplies for national defense, 

1940-46" 
"Engineer service, Army, 1942-46" 
"Atomic service, War Department, 1947-48" 
The appropriations cited in the table below authorized funds for a variety of 
purposes other than the atomic bomb program. No attempt has been made to 
separate the portions of the funds which were intended exclusively for the 
purposes of the atomic bomb program. 

APPROPRIATIONS UNDER THE TITLE "EXPEDITING PRODUCTION OF EQUIPMENT AND SUPPLIES FOR NATIONAL 
DEFENSE, 1940^6," IN WAR DEPARTMENT APPROPRIATIONS 



Appropriation 



Date 
approved 



Citation 



Other references 



1941: 



1942: 



First Supplemental National Defense 
Appropriation Act, 1941 (title II, Mili- 
tary Appropriation Act, 1941). 

Second Supplemental National Defense 
Appropriation Act, 1941 (title III, Mili- 
tary Appropriation Act, 1941). 

Third Supplemental National Defense 
Appropriation Act, 1941 (title IV, Mili- 
tary Appropriation Act, 1941). 



June 26, 1940 54 Stat. 602, 603. 



Sept. 9, 1940 54 Stat. 874. 



1943: 



Third Supplemental National Defense 
Appropriation Act, 1942 (title III, Mili- 
tary Appropriation Act, 1942). 

Fourth Supplemental National Defense 
Appropriation Act, 1942 (title IV, Mili- 
tary Appropriation Act, 1942). 

Fifth Supplemental National Defense 
Appropriation Act, 1942 (title V, Mili- 
tary Appropriation Act, 1942). 



Oct. 8, 1940 54 Stat. 970. 



See also Digest of Appropriations for the 
Support of the Government of the 
United States, Treasury Dept. Docu- 
ment No. 3108, pp. 671-672. 



Military Appropriation Act, 1942 

Fifth Supplemental National Defense 
Appropriation Act, 1941 (title VI, Mili- 
tary Appropriation Act, 1941). 



June 30, 1941 55 Stat. 356 [See also Digest of Appropriations for the 

Apr. 5,1941 55 Stat. 124 1 Support of the Government of the 

I United States, Treasury Dept. Docu- 
l ment No. 3115, pp. 589, 590. 



Dec. 17,1941 55 Stat. 810. 
Jan. 30,1942 56 Stat. 38.. 
Mar. 5, 1942 56 Stat. 128. 



See also Digest of Appropriations for the 
Support of the Government of the 
United States, Treasury DepL Docu- 
ment No. 3120, p. 706. 



(334) 



335 

APPROPRIATIONS UNDER THE TITLE "EXPEDITING PRODUCTION OF EQUIPMENT AND SUPPLIES FOR NATIONAL 
DEFENSE, 1940-46," IN WAR DEPARTMENT APPROPRIATIONS— Continued 



Appropriation 



Date 

approved Citation 



Other references 



1944: Military Appropriation Act, 1944 July 1,1943 57 Stat. 347. 

1945: Military Appropriation Act, 1945 June 28, 1944 58 Stat. 573. 

1946: Military Appropriation Act, 1946 July 3, 1945 59 Stat. 384. 

1947: 



First Supplemental Surplus Appropria- Feb. 18, 1946 60 Stat. 13 

tion Rescission Act, 1946. 

Second Supplemental Surplus Appro- May 27, 1946 60 Stat. 223 

priation Rescission Act, 1946. 



See also Digest of Aporopriations for the 
Support of the Government of the 
United States, Treasury Dept. Docu- 
ment No. 3126, p. 536. 

See also Digest of Appropriations for the 
Support of the Government of the 
United States, Treasury Dept. Docu- 
ment No. 3131, p. 642. 

See also Digest of Appropriations for the 
Support of the Government of the 
United States, Treasury Department 
Document No. 3138, p 655. 

(See also Digest of Appropriations for the 
Support of the Government of the 
| United States, Treasury Department 
I Docment No. 3144, pp. 925-926. 



APPROPRIATIONS UNDER THE TITLE "ENGINEER SERVICE, ARMY, 1942-46," AND GENERAL PROVISIONS OF WAR 
DEPARTMENT APPROPRIATIONS— MILITARY ESTABLISHMENT 



Appropriation 



Date approved Citation 



Other references 



1943: 



Sixth Supplemental National Defense Apr. 28, 1942 56 Stat. 228. 
Appropriation Act, 1942 (title VI, 
Military Appropriation Act, 1942) 
(Engineer service, Army). 

Military Appropriation Act, 1943 (in- July 2, 1942 56 Stat. 611- 
cluding "General provisions," sees. 18 
and 19 of this act, 56 Stat. 630-633). 



1944: 



Military Appropriation Act, 1944 (in- 
cluding "General provisions," sec. 19 
of this act, 57 Stat. 366-370). 

Military Appropriation Act, 1944 (En- 
gineer service, Army). 



July 1,1943 57 Stat. 347- 
370. 



.do. 



57 Stat. 358, 
359. 



1945: 



Military Appropriation Act, 1945 (in- June 28, 1944 58 Siat. 573- 
cluding "General provisions," sec. 19 597. 

of this act, 58 Stat. 592-597). 



Military Approp.iation Act, 1945 (En- 
gineer service, Army). 



.do. 



... 58 Stat. 584- 
586. 



1946: 



Military Appropriation Act, 1946 (in July 3, 1945 59 Stat. 384- 
cluding "General provisions," sec. 18 407. 

of this act, 59 Stat. 403-407). 



Military Appropriation Act, 1946 (En- 
gineer service, Army). 



.do. 



59 Stat. 395, 
396. 



See also Digest of Appropriations for 
the Support of the Government of 
the United States, Treasury Depart- 
ment Document No. 3120, pp. 736, 
737. 

See also Digest of Appropriations for 
the Support of the Government of the 
United States, Treasury Department 
Document No. 3120, pp. 703, 761. 

See also Digest of Appropriations for 
the Support of the Government of the 
United States, Treasury Department 
Document No. 3126, pp. 534, 573. 

See also Digest of Appropria'ions for the 
Support of the Government of the 
United States, Treasury Department 
Document No. 3126, pp. 560-561. 

See also Digest of Appropriations for 
the Support of the Government of the 
United States, Treasury Department 
Document No. 3131, pp. 640, 678. 

See also Digest of Appropriations for 
the Support of the Government of the 
United States, Treasury Department 
Document No. 3131, pp. 665-666. 

See also Digest of Appropriations for 
the Support of the Government of 
the United States, Treasury Depart- 
ment Document No. 3138, pp. 653, 
695. 

See also Digest of Appropriations for 
the Support of the Government of the 
United States, Treasury Department 
Document No. 3138, pp. 633-684. 



APPROPRIATIONS UNDER THE TITLE "ATOMIC SERVICE, WAR DEPARTMENT, 1947 AND 1948." 
OF WAR DEPARTMENT APPROPRIATIONS— MILITARY ESTABLISHMENT 



Appropriation 



Date 
approved 



Citation 



Other references 



1947: 



Military Appropri?tien Act, 1947 July 16,1946 60 Stat. 560. 



First Supplemental Appiopriaticn Act, 
1947. 



Aug. 8.1946 60 Stat. 916. 



See also Digest of Appropriations forthe 
Support of the Government of the 
United States, Treasury Deparment, 
Document No. 3144, p. 971. 

See also Digest of Appropriations for the 
Support of the Government of the 
United States, Treasury Departmtent 
Document No. 3144, p. 972. 



336 



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APPENDIX 11 



Nuclear Non-Proliferation Act of 1978 

[Public Law 95-242] 

[H.R. 8638] 

[92 Stat. 120] 

AN ACT 

To provide for more efficient and effective control over the 
proliferation of nuclear explosive capability. 

Proliferation" Be to enacted by the Senate and House of Representatives of 

Act of 1978. the United States of America in Congress assembled, That this 

note SC 3201 Act may be cited as tne "Nuclear Non-Proliferation Act of 1978". 

STATEMENT OF POLICY 

22 U.S.C. 3201. Sec. 2. The Congress finds and declares that the proliferation 
of nuclear explosive devices or of the direct capability to manu- 
facture or otherwise acquire such devices poses a grave threat 
to the security interests of the United States and to continued 
international progress toward world peace and development. 
Recent events emphasize the urgency of this threat and the 
imperative need to increase the effectiveness of international safe- 
guards and controls on peaceful nuclear activities to prevent 
proliferation. Accordingly, it is the policy of the United States 
to— 

(a) actively pursue through international initiatives mech- 
anisms for fuel supply assurances and the establishment of 
more effective international controls over the transfer and 
use of nuclear materials and equipment and nuclear tech- 
nology for peaceful purposes in order to prevent prolifera- 
tion, including the establishment of common international 
sanctions ; 

(b) take such actions as are required to confirm the 
reliability of the United States in meeting its commitments 
to supply nuclear reactors and fuel to nations which adhere 
to effective non-proliferation policies by establishing proce- 
dures to facilitate the timely processing of requests for sub- 
sequent arrangements and export licenses ; 

(c) strongly encourage nations which have not ratified the 
Treaty on the Non-Proliferation of Nuclear Weapons to do 
so at the earliest possible date ; and 

(d) cooperate with foreign nations in identifying and 
adapting suitable technologies for energy production and. in 
particular, to identify alternative options to nuclear power in 
aiding such nations to meet their energy needs, consistent 
with the economic and material resources of those nations 
and environmental protection. 

(340) 



341 

STATEMENT OF PURPOSE 

Sec. 3. It is the purpose of this Act to promote the policies set 22 U.S.C. 3202. 

(a) establishing a more effective framework for inter- 
national cooperation to meet the energy needs of all nations 
and to ensure that the worldwide development of peaceful 
nuclear activities and the export by any nation of nuclear 
materials and equipment and nuclear technology intended 
for use in peaceful nuclear activities do not contribute to 
proliferation; -4.. 

<b> authorizing the United States to take such actions as 
are required to ensure that it will act reliably in meeting its 
commitment to supply nuclear reactors and fuel to nations 
which adhere to effective non-proliferation policies : 

(c) providing incentives to the other nations of the world 
to join in such international cooperative efforts and to ratify 
the Treaty ; and „ 

id 1 ensuring effective controls by the United States over 
its exports of nuclear materials and equipment and of nuclear 
technology. 

DEFINITIONS 

Sec. 4. I a) As used in this Act. the term— 

(1) -Commission" means the Nuclear Regulatory Com- 22 L.S.c. 0-U0. 

mission : 

(2) -"Director" means the Director of the Arms Control 
and Disarmament Agency : 

(3) ''IAEA" means International Atomic Energy Agency: 

■ 4 1 '-nuclear materials and equipment" means source 
material, special nuclear material, production facilities, 
utilization facilities, and components, items or substances 
determined to have significance for nuclear explosive pur- 
poses pursuant to subsection 109 b. of the 1954 Act ; 

(5) -physical security measures" means measures to rea- p os t, p. 141. 
sonably ensure that source or special nuclear material will 

only be used for authorized purposes and to prevent theft 
and sabotage ; 

(6) "sensitive nuclear technology" means any information 
(including information incorporated in a production or utili- 
zation facility or important component part thereof) which 
is not available to the public and which is important to the 
design, construction, fabrication, operation or maintenance 
of a uranium enrichment or nuclear fuel reprocessing facility 
or a facility for the production of heavy water, but shall 
nor include Restricted Data controlled pursuant to chapter 
12 of the 1954 Act ; 

1 7) "1954 Act" means the Atomic Energy Act of 1954, as 42U.S.C. 2011 
amended : and note. 

(8) "the Treaty" means the Treaty on the Non-Prolifera- 
tion of Nuclear Weapons, 
(b) All other terms used in this Act not defined in this section 
shall have the meanings ascribed to them by the 1954 Act. the 
Energy Reorganization Act of 1974, and the Treaty. 42 u.S.C. 5S01 

note. 

TITLE I— UNITED STATES INITIATIVES TO PROVIDE 
ADEQUATE NUCLEAR FUEL SUPPLY 

POLICY 

Sec 101. The United States, as a matter of national policy, shall 22 U.S.C. 3221 
take such actions and institute such measures as may be necessary 
and feasible to assure other nations and groups of nations that 
may seek to utilize the benefits of atomic energy for peaceful pur- 
poses that it will provide a reliable supply of nuclear fuel to those 
nations and groups of nations which adhere to policies designed to 



342 



42 U.S.C. 2201. 



22 U.S.C. 3222. 



Stndv. 

22 U.S.C. 3222 

note. 



Report to 
Congress. 



prevent proliferation. Such nuclear fuel shall be provided under 
agreements entered into pursuant to section 161 of the 1954 Act or 
as otherwise authorized by law. The United States shall ensure 
that it will have available the capacity on a long-term basis to 
enter into new fuel supply commitments consistent with its non- 
proliferation policies and domestic energy needs. The Commission 
shall, on a timely basis, authorize the export of nuclear materials 
and equipment when all the applicable statutory requirements are 
met. 

URANIUM ENRICHMENT CAPACITY 

Sec. 102. The Secretary of Energy is directed to initiate con- 
struction planning and design, construction, and operation activi- 
ties for expansion of uranium enrichment capacity, as elsewhere 
provided by law\ Further the Secretary as well as the Nuclear 
Regulatory Commission, the Secretary of State, and the Director 
of the Arms Control and Disarmament Agency are directed to 
establish and implement procedures which will ensure to the max- 
imum extent feasible, consistent with this Act, orderly processing 
of subsequent arrangements and export licenses with minimum 
time delay. 

REPORT 

Sec. 103. The President shall promptly undertake a study to de- 
termine the need for additional United States enrichment capac- 
ity to meet domestic and foreign needs and to promote United 
States nonproliferation objectives abroad. The President shall 
report to the Congress on the results of this study within twelve 
months after the date of enactment of this Act. 



Discussions 
and 

negotiations. 
22 U.S.C. 3223. 



INTERNATIONAL UNDERTAKING 

Sec. 104. (a) Consistent with section 105 of this Act, the Presi- 
dent shall institute prompt discussions with other nations and 
groups of nations, including both supplier and recipient nations, to 
develop international approaches for meeting future worldwide 
nuclear fuel needs. In particular, the President is authorized and 
urged to seek to negotiate as soon as practicable with nations pos- 
sessing nuclear fuel production facilities or material, and such 
other nations and groups of nations, such as the IAEA, as may 
be deemed appropriate, with a view toward the timely establish- 
ment of binding international undertakings providing for — 

(1) the establishment of an international nuclear fuel au- 
thority (INFA) with responsibility for providing agreed fuel 
services and allocating agreed upon quantities of fuel re- 
sources to ensure fuel supply on reasonable terms in ac- 
cordance with agreements between INFA and supplier and 
recipient nations ; 

(2) a set of conditions consistent with subsection (d) under 
which international fuel assurances under INFA auspices will 
be provided to recipient nations, including conditions which 
will ensure that the transferred materials will not be used 
for nuclear explosive devices : 

(3) devising, consistent with the policy goals set forth in 
section 403 of this Act. feasible and environmentally sound 
approaches for the siting, development, and management 
under effective international auspices and inspection of facil- 
ities for the provision of nuclear fuel services, including the 
storage of special nuclear material : 

(4) the establishment of repositories for the storage of 
spent nuclear reactor fuel under effective international 
auspices and inspection ; 

(5) the establishment of arrangements under which nations 
placing spent fuel in such repositories would receive ap- 
propriate compensation for the energy content of such spent 
fuel if recovery of such energy content is deemed necessary or 
desirable; and 






343 



(6) sanctions for violation of the provisions of or for 
abrogation of such binding international undertakings. 

(b) The President shall submit to Congress not later than six 
months after the date of enactment of this Act proposals for 
initial fuel assurances, including creation of an interim stockpile 
of uranium enriched to less than 20 percent in the uranium isotope 
235 (low-enriched uranium) to be available for transfer pursuant 
to a sales arrangement to nations which adhere to strict policies 
designed to prevent proliferation when and if necessary to ensure 
continuity of nuclear fuel supply to such nations. Such submis- 
sion shall include proposals for the transfer of low-enriched 
uranium up to an amount sufficient to produce 100,000 MWe years 
of power from light water nuclear reactors, and shall also include 
proposals for seeking contributions from other supplier nations 
to such an interim stockpile pending the establishment of INFA. 

(c) The President shall, in the report required by section 103, 
also address the desirability of and options for foreign partici- 
pation, including investment, in new United States uranium en- 
richment facilities. This report shall also address the arrange- 
ments that would be required to implement such participation 
and the commitments that would be required as a condition of 
such participation. This report shall be accompanied by any pro- 
posed legislation to implement these arrangements. 

(d) The fuel assurances contemplated by this section shall be 
for the benefit of nations that adhere to policies designed to 
prevent proliferation. In negotiating the binding international 
undertakings called for in this section, the President shall, in 
particular, seek to ensure that the benefits of such undertakings 
are available to non-nuclear-weapon states only if such states 
accept IAEA safeguards on all their peaceful nuclear activities, 
do not manufacture or otherwise acquire any nuclear explosive 
device, do not establish any new enrichment or reprocessing facil- 
ities under their de facto or de jure control, and place any such 
existing facilities under effective international auspices and 
inspection. 

(e) The report required by section 601 shall include informa- 
tion on the progress made in any negotiations pursuant to this 
section. 

(f) (1) The President may not enter into any binding inter- 
national undertaking negotiated pursuant to subsection (a) which 
is not a treaty until such time as such proposed undertaking has 
been submitted to the Congress and has been approved by con- 
current resolution. 

(2) The proposals prepared pursuant to subsection (b) shall be 
submitted to the Congress as part of an annual authorization 
Act for the Department of Energy. 



Proposals, 
submitted to 
Congress. 



Proposed 
legislation. 



REEVALUATION OF NUCLEAR FUEL CYCLE 

Sec. 105. The President shall take immediate initiatives to 
invite all nuclear supplier and recipient nations to reevaluate all 
aspects of the nuclear fuel cycle, with emphasis on alternatives 
to an economy based on the separation of pure plutonium or the 
presence of high enriched uranium, methods to deal with spent 
fuel storage, and methods to improve the safeguards for exist- 
ing nuclear technology. The President shall, in the first report 
required by section 601, detail the progress of such international 
reevaluation. 



22U.S.C. 3224. 



TITLE II— UNITED STATES INITIATIVES TO STRENGTH- 
EN THE INTERNATIONAL SAFEGUARDS SYSTEM 



POLICY 



Sec 201. The United States is committed to continued strong 
support for the principles of the Treaty on the Non-Proliferation 



22 U.S.C. 3241. 



344 

of Nuclear Weapons, to a strengthened and more effective Inter- 
national Atomic Energy Agency and to a comprehensive safe- 
guards system administered by the Agency to deter proliferation. 
Accordingly, the United States shall seek to act with other na- 
tions to — 

(a) continue to strengthen the safeguards program of the 
IAEA and, in order to implement this section, contribute 
funds, technical resources, and other support to assist the 
IAEA in effectively implementing safeguards ; 

(b) ensure that the IAEA has the resources to carry out 
the provisions of Article XII of the Statute of the IAEA ; 

(c) improve the IAEA safeguards system (including ac- 
countability) to ensure — 

(1) the timely detection of a possible diversion of 
source or special nuclear materials which could be used 
for nuclear explosive devices ; 

(2) the timely dissemination of information regarding 
such diversion ; and 

(3) the timely implementation of internationally 
agreed procedures in the event of such diversion ; 

(d) ensure that the IAEA receives on a timely basis the 
data needed for it to administer an effective comprehensive 
international safeguards program and that the IAEA pro- 
vides timely notice to the world community of any evidence 
of a violation of any safeguards agreement to which it is a 
party ; and 

(e) encourage the IAEA, to the maximum degree consist- 
ent with the Statute, to provide nations which supply nu- 
clear materials and equipment with the data needed to assure 
such nations of adherence to bilateral commitments appli- 
cable to such supply. 

TRAINING PROGRAM 

22 U.S.C. 3242. Sec. 202 The Department of Energy, in consultation with the 
Commission, shall establish and operate a safeguards and physi- 
cal security training program to be made available to persons 
from nations and groups of nations which have developed or 
acquired, or may be expected to develop or acquire, nuclear mate- 
rials and equipment for use for peaceful purposes. Any such pro- 
gram shall include training in the most advanced safeguards 
and physical security techniques and technology, consistent with 
the national security interests of the United States. 

NEGOTIATIONS 

22 U.S.C. 3243. g EC . 203. The United States shall seek to negotiate with other 
nations and groups of nations to — 

(1) adopt general principles and procedures, including 
common international sanctions, to be followed in the event 
that a nation violates any material obligation with respect 
to the peaceful use of nuclear materials and equipment or 
nuclear technology, or in the event that any nation violates 
the principles of the Treaty, including the detonation by a 
non-nuclear-weapon state of a nuclear explosive device; and 

(2) establish international procedures to be followed in 
the event of diversion, t